Extracted from the PDF above. The PDF is authoritative.
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CGHC010277222026
2026:CGHC:39677
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6788 of 2026 Chandan Thakur S/o Bhagwan Das Thakur Aged About 28 Years R/o Junabagarh, Kumhar, Toli, Nandanvan, District- Nagpur, (Maharashtra)
... Petitioner(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- New Rajendra Nagar, District- Raipur (Cg)
... Respondent(s) For Applicant : Mr. Abhyuday Tripathi, Advocate For Non-Applicant : Mr. Afroz Khan, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 10.09.2026
1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 286/2025, registered at Police Station - New Rajendra Nagar, 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. Digitally signed by AJINKYA PANSARE Date: 2026.09.10 16:46:54 +0530
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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 basis of the memorandum statement of the co-accused, the present applicant was implicated in the case. 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 brown sugar has not been seized from the exclusive 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 are five criminal antecedents against the applicant, and he has been in judicial custody since
27.03.2026. It is argued that 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
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He, 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 five criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. After hearing the submissions advanced by learned counsel for the parties as well as 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 are five previous criminal antecedents, further, that the applicant is in jail since 27.03.2026 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. Let the applicant – Chandan Thakur, 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 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
4 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 his absence, without sufficient cause, the trial court may proceed against his 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 his, 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/-
(Rakesh Mohan Pandey)
JUDGE A j i n k y a