1 2026:CGHC:5056 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1001 of 2026 Rakesh Pal S/o Late Bodh Ram Pal Aged About 31 Years R/o Village Nougawan, Police Station Manpur, District Umariya (M.P.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Kurud, District – Dhamtari, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No.225/2017, registered at Police Station – Kurud, District – Dhamtari (C.G.) for the offences punishable under Section 20(B)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that on 22-06-2017 during the patrolling the information received by the police that the Car i.e. Honda Amaze, in which 2-3 persons are traveling and they are carrying the prohibited contraband and on the basis of such information, the police started to search of the vehicle at NH-30 RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 and after few times, Honda Amaze Car came there, but when the police stopped the Foam vehicle, they tried to escape there and the police chased the same, but the driver of car able to absconded from there and two persons were intercepted from the vehicle and on being asked by the police, they revealed that their name as Narendra Patel son of Shyam Lal Patel and Pankaj Patel Son of Bhura Patel and, they revealed the absconded persons as Banti Chaturvedi and from the possession of two of the accused persons, the police seized total 126.170 KG of Ganja. Hence, this application. 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 further submitted that two co-accused namely Narendra Patel, and Pankaj Patel one Banti were named in the FIR and it is stated that the Narendra Patel and Pankaj Patel was arrested by the Police and found convicted by the trial Court vide judgment dated 12.12.2019 passed by learned Special Judge (NDPS Act), Dhamtari (C.G.) in Special Criminal Case (NDPS Act) No. 199/2017, against which a criminal appeal was preferred by them before this Court bearing CRA No.2019/2019 in which the suspension of sentence has been allowed to them vide order dated 27.07.2022 by the co-ordinate Bench of this Court. He further submits that one Banti Chaturvedi was also named in the FIR from whose memoradum statement the name of the applicant has come into light in the crime in question, and there is no 3 evidence against the applicant and he is in jail since 20.08.2025. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that from the possession of the co- accused a total of 126.170 Kgs of Ganja has been seized, which is much above the commercial quantity, and the case is of the year 2017 and applicant was wanted in the present case as he was absconding, but subsequently thereafter, he was arrested on 20.08.2025, and in the documentary evidence goes to show that the applicant was also involved in the crime in question, and he is a resident of Madhya Pradesh, and there is every likelihood that if he be enlarged on bail, he will abscond again. Hence, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that two co-accused namely Narendra Patel, and Pankaj Patel one Banti were named in the FIR and it is stated that the Narendra Patel and Pankaj Patel was arrested by the Police and found convicted by the trial Court vide judgment dated 12.12.2019 passed by learned Special Judge (NDPS Act), Dhamtari (C.G.) in Special Criminal Case (NDPS Act) No. 199/2017, against which a criminal appeal was preferred by them before this Court bearing CRA No.2019/2019 in which the 4 suspension of sentence has been allowed to them vide order dated 27.07.2022 by the co-ordinate Bench of this Court, but the quantity of contraband article seized from the possession of the co-accused a total of 126.170 Kgs of Ganja has been seized which is much above the commercial quantity, and the name of the applicant has come into light from the memorandum statement of the co-accused, moreover, the case is of the year 2017 and applicant was wanted in the present case as he was absconding, but subsequently thereafter, he was arrested on 20.08.2025, and in the documentary evidence goes to show that the applicant was also involved in the crime in question, he is a resident of Madhya Pradesh, and there is every likelihood that if he be enlarged on bail, he will abscond again, hence, the bail application of applicant – Rakesh Pal involved in Crime No.225/2017, registered at Police Station – Kurud, District – Dhamtari (C.G.) for the offences punishable under Section 20(B) (ii)(c) of the NDPS Act, is rejected at this stage. 7. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 8. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar