1 CGHC010310532026 2026:CGHC:38437 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7547 of 2026 Kamal Kishor Alias Bhim S/o Parmanand Chauhan Aged About 19 Years R/o Dadar Road Near Bhootnath Temple, Ambedkar Gousing , Charoda, District- Durg (C.G.) ... Applicant Versus State Of Chhattisgarh Through Police Station Old Bhilai, District- Durg (C.G.) ... Respondent(s) _____________________________________________________ For Applicant : Mr. Rahil Arun Kochar, Advocate and Mr. Gyan Prakash Dandekar, Advocate For Non-applicant/State : Mr. Sourabh Sahu, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.08.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.08.31 16:34:44 +0530 2 connection with Crime No. 503/2025 registered at Police Station – Old Bhilai, District: Durg (C.G.), for the offence under Sections 22 (C), 27 (A) and Section 8 of NDPS Act. 2. Case of the prosecution, in brief is that on 11.12.2025, the police officials of Police Station Old Bhilai, District Durg (C.G.), received credible information from an informant that two persons were standing near the Bricks Factory at Dadar and were in possession of prohibited intoxicant tablets, allegedly intending to sell the same to prospective customers. Acting upon the said information, the police party proceeded to the spot and conducted a raid, where two persons, namely Kamal Kishore @ Bhim and the present applicant, Chandrakant Sahu @ Patwari, were apprehended. Upon search, both were found carrying white bags, from which 240 tablets each of a prohibited intoxicant namely “PROXICO SPAS TABLET” were allegedly recovered, making a total recovery of 360 tablets valued at Rs. 3,660/-. On the allegation of illegal possession and intended sale of the said intoxicant tablets, both accused persons were arrested on the same day, i.e., 11.12.2025. During the course of investigation, on the basis of the memorandum statements of the accused persons, four other persons were also implicated and arrested. Upon completion of the investigation, the police filed 3 Charge-sheet No. 102/2026 dated 03.04.2026 before the learned Trial Court. Hence, the present bail application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has been arrested merely on the basis of suspicion, without there being any cogent material connecting him with the alleged offence. It is contended that the quantity of contraband allegedly seized from the possession of the applicant falls within the intermediate quantity category and is less than the commercial quantity prescribed under the relevant provisions of law. Learned counsel further submits that, out of the six accused persons implicated in the present case, the remaining four co-accused persons have already been enlarged on bail by the learned Trial Court. He further submits that co-accused Chandrakant Sahu @ Patwari has also been released on bail vide order dated 28.07.2026 passed in MCRC No. 5861 of 2026. Therefore, it is prayed that the present applicant may also be enlarged on bail on the ground of parity. 4. On the other hand, learned Panel Lawyer opposes the bail application of the present applicant and submit that the charge- sheet has been filed in the present case before the 4 competent Court. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegations levelled against the applicant and the fact that a similarly situated co-accused, namely Chandrakant Sahu @ Patwari has also been released on bail vide order dated 28.07.2026 passed in MCRC No. 5861 of 2026 and further in the present case, charge-sheet has been filed before the competent Court therefore, without further commenting anything on merits, I am inclined to grant bail to the present applicant on parity. 7. Let Applicant- Kamal Kishore @ Bhim involved in Crime No. 503/2025 registered at Police Station – Old Bhilai, District: Durg (C.G.), for the offence under Sections 22 (C), 27 (A) and Section 8 of NDPS Act be released on bail on his 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 he 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. 5 (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 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 him, 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 him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Saurabh