1 2026:CGHC:15145 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9229 of 2025 Sanjeev Kumar Chhabda @ Suchcha Singh S/o Shadilal Chhabda Aged About 53 Years R/o Kansa Chowk Tikrapara, Police Station - City Kotwali, District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Takhatpur, District - Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Rajeev Kumar Dubey and Ms. Maya Chaturvijani, Advocates. For Non-Applicant/State : Ms. Anusha Naik, Deputy Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.04.2026 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.465/2024, registered at Police Station – Takhatpur, District - Bilaspur (C.G.) for the offence punishable under Sections 21, 22 and 29 of NDPS Act and Section 111 of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 14.09.2024, an informant informed the police that a person named Amit Thakur, a resident of Tikrapara, Takhatpur, was roaming on Pandariya Road in a white Swift PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.02 13:11:27 +0530 2 car bearing registration No. CG-10 AN-1282, carrying illegal narcotic substances for sale and looking for customers. Acting on this information, the police conducted a raid at the spot, where they found a man inside the said white Swift car. He was asked to step out, and upon inquiry, he disclosed his name as Amit Thakur. During his personal search, four (04) Rexogesic ampoules, wrapped in a Lux soap wrapper, were recovered from the left pocket of his pants. Further, upon searching the vehicle, fifty (50) Rexogesic ampoules, packed in a black polythene bag and kept inside a pink cloth pouch concealed under the seat cover behind the driver's seat, were seized. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that the alleged narcotic substance was not seized from the conscious possession of the present applicant, rather, it was allegedly recovered from other co-accused persons. The applicant has been falsely implicated by the police in a fabricated case. The memorandum of the applicant/accused was recorded on 24.01.2025. On the basis of this memorandum, the applicant/accused has been implicated in two cases, namely, the present case and Crime No. 1004/2024 registered at Police Station Civil Line, District - Bilaspur. In both cases, he has been made an accused solely on the basis of the memorandum. No incriminating article related to the alleged offence has been seized pursuant to the memorandum statement of the applicant/accused. From his possession, only a cheque book, ATM card, and a Samsung mobile phone have been seized. Furthermore, no Call Detail Records (CDR) showing any conversation with the co-accused have been produced. He further submits that the co-accused persons, namely, Kajal Kurre and Anjali 3 Gendle have been granted regular bail by this Court in MCRC Nos. 4265/2025 and 7521/2025 vide order dated 30.06.2025 and 18.09.2025, respectively. Further, another co-accused Naveen Idwani has been granted bail by the Hon’ble Supreme Court in Special Leave Petition No. 19712/2025 on the medical ground. He also submits that out of total 30 prosecution witnesses, only 2 witnesses have been examined by the learned Trial Court till date. On the basis of the call details and mobile data, there is no incriminating or circumstantial evidence to establish that the applicant/accused had any connection or association with any of the other accused persons in the present case. He later submits that the applicant has 11 previous criminal antecedents in which he has already been acquitted, the applicant is in jail since 07.03.2025, and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant on the ground of parity. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there is 11 previous criminal antecedents of the applicant but she could not dispute the fact that the co-accused persons have been granted bail by the Hon’ble Supreme Court and by this Court. 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 parties as well as considering the fact that the alleged narcotic substance was not seized from the conscious possession of the present applicant, rather, it was allegedly recovered from other co-accused persons, further the co-accused persons, namely, Kajal Kurre and Anjali Gendle have been granted regular bail by this Court in MCRC Nos. 4265/2025 and 4 7521/2025 vide order dated 30.06.2025 and 18.09.2025, respectively, another co-accused Naveen Idwani has been granted bail by the Hon’ble Supreme Court in Special Leave Petition No. 19712/2025 on the medical ground, so far as the status of the trial is concerned, out of total 30 prosecution witnesses, only 2 witnesses have been examined by the learned trial Court till date, further the applicant has 11 previous criminal antecedents in which he has already been acquitted, the applicant is in jail since 07.03.2025, and the conclusion of the trial is likely to take quite long time, therefore, this Court is of the opinion that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Sanjeev Kumar Chhabda @ Suchcha Singh, involved in Crime No.465/2024, registered at Police Station – Takhatpur, District - Bilaspur (C.G.) for the offence punishable under Sections 21, 22 and 29 of NDPS Act and Section 111 of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local 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 her 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 5 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/- Sd/- (Ramesh Sinha) Chief Justice Preeti