1 CGHC010364852026 2026:CGHC:42772 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8773 of 2026 1 - Durgesh Kumar Sahu S/o Sohan @ Laxman Sahu Aged About 20 Years R/o Gali No. 07, Shatabdi Nagar, Police Station- Telibandha, District- Raipur, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through- Sho, Police Station- Singhoda, District- Mahasamund, Chhattisgarh ... Non-applicant For Applicant : Mr. Vaibhav A. Goverdhan, Advocate For Non-applicant /State : Mr. Vivek Sharma, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 01/10/2026 1. The applicant has preferred this second bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 67/2025 registered at Police Station Singhoda District Mahasamund (C.G.) for the offence punishable under Section 2 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, “NDPS Act”). 2. The first bail application preferred by the applicant bearing MCRC No. 1849 of 2026 was rejected by this Court vide order dated 23/02/2026. 3. Case of the prosecution, in brief is that on 07.08.2025, acting on secret information, the police intercepted a grey KIA car bearing registration No. CG 10 BJ 5828 near NH-53. Village Rehtikhol Upon search, conducted after serving notice under Section 50 of the NDPS Act, a total of 45 kilograms of illegal contraband ganja (15 kg in a white plastic sack and 30 kg in two green plastic sacks) was recovered from the vehicle, which was allegedly being transported from Odisha to Raipur, Chhattisgarh. The contraband was found in the joint possession of the accused, Gagan Singh @ Anmol Singh Bhatiya, along with co-accused persons. Accordingly, Crime No. 67/2025 was registered and after completion of investigation, charge-sheet has been filed and charges have been framed. Hence, the bail application. 4. Mr. Vaibhav A. Goverdhan, learned counsel appearing for the applicant, would submit that the applicant is innocent and has falsely been implicated in the present case. He would further submit that two co-accused persons have already been enlarged on bail by the Hon’ble Supreme Court vide orders dated 21/05/2026 and 12/08/2026 passed in SLP (Criminal) No. 9013/2026 and SLP (Criminal) No. 11430/2026, respectively and he would contend that the allegations against the present 3 applicant are almost similar to the allegations levelled against the co-accused persons who have been granted bail by the Hon’ble Supreme Court. He would lastly contend that the applicant has no previous criminal antecedent; the charge-sheet has already been filed and the applicant has been in judicial custody since 07/08/2025, and since the conclusion of the trial is likely to take considerable time, the applicant may be enlarged on regular bail. 5. On the other hand, Mr. Vivek Sharma, learned counsel appearing for the non-applicant/State, would oppose the bail application and submit that 45 kgs of illegal contraband ganja was recovered from the joint possession of the applicant and other co-accused persons, thus, he is not entitled to be released on regular bail. However, he admits that the charge-sheet has already been filed before the competent Court. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, particularly considering that two co-accused persons have already been enlarged on bail by the Hon’ble Supreme Court and further considering that there is no previous criminal antecedent of the applicant; that charge-sheet has already been filed; applicant is in judicial custody since 07/08/2025, and the conclusion of the trial is likely to take some time, this Court is inclined to enlarge the applicant on regular bail. Accordingly, the bail application is allowed. 4 8. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 9. The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/- (Rakesh Mohan Pandey) JUDGE Harneet