1 CGHC010325572026 2026:CGHC:38329 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7852 of 2026 Parag Barchha S/o Late Bhavesh Barchha, Aged About 23 Years, R/o Kailashpuri Daga, Jwellers Ke Samne, Byas School Gali, Thana Purani Basti Raipur, District – Raipur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station New Rajendra Nagar, Raipur, District – Raipur, Chhattisgarh ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 286/2025, registered at Police Station – New Rajendra Nagar, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution case, in brief, is that, acting upon secret information received from an informant, the police apprehended the co-accused and registered Crime No. 286/2025 for the offences punishable under Sections 21(b) and 29 of the NDPS Act. It is further alleged that, on the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.09.01 12:45:15 +0530 2 basis of the memorandum statement of the co-accused, the present applicant was implicated in the case, and 3.160 grams of brown sugar was seized from his possession. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the said brown sugar has not been seized from the possession of the present applicant. He also submits that only on the basis of memorandum of co-accused person, the present applicant has been implicated in this case. It is further submitted that co-accused persons have already been granted bail by this Court vide order dated 13.07.2026 passed in MCRC Nos. 2471/2026, 4622/2026, 2630/2026 and 3372/2026. It is also submitted that the charge-sheet has already been filed, there is one previous criminal antecedent against the applicant under the Arms Act, and he has been in judicial custody since 23.12.2025. The conclusion of the trial is likely to take a considerable period of time. Therefore, learned counsel prays that the applicant be enlarged on regular bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge-sheet has already been filed. She, however, could not dispute the fact that the co-accused persons have already been granted bail by this Court. Learned State counsel further submits that the applicant has one previous criminal antecedent under the Arms Act. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the 3 parties as well as considering the quantity of alleged contraband substance which has been recovered from the possession of the applicant, is less than the commercial quantity, also considering the fact that co-accused persons have already been granted bail by this Court vide order dated 13.07.2026 passed in MCRC Nos. 2471/2026, 4622/2026, 2630/2026 and 3372/2026, the charge-sheet has been filed and there is one previous criminal antecedent under the Arms Act, further, that the applicant is in jail since 23.12.2025 and the conclusion of the trial is likely to take sometime, this Court is of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let applicant - Parag Barchha involved in Crime No. 286/2025, registered at Police Station – New Rajendra Nagar, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, be released on bail on her furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 4 during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti