1 2026:CGHC:16976 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2907 of 2026 Husain Iqbal Shaikh S/o Iqbal Shaikh Aged About 43 Years R/o U-235, Approach Road, Behind Tulshiwadi, Post Office Tardeo, Mumbai (Maharashtra) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Singhoda, District- Mahasamund (Chhattisgarh) ... Non-Applicant For Applicant : Ms. Anjali Pradhan, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.04.2026 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. 5/2025, registered at Police Station – Singhoda, District – Mahasamund (C.G.) for the offence punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. Earlier the First Bail Application of the applicant was rejected by this Court vide order dated 18.08.2025 in MCRC No.6489/2025, on merit. 3. As per the prosecution’s case, on 16.01.2025 at about 11:40 hours, the police personnel of Police Station Singhora received secret information PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.15 10:35:41 +0530 2 that certain individuals had stored illicit contraband (ganja) in a Toyota Corolla car bearing registration No. MH-06/AB-3307. It was further informed that three persons were escorting/piloting the said vehicle in another car bearing registration No. OD-02/CZ-8252. Acting upon the said information, the police reached the spot and recovered 41 kilograms of ganja from the Toyota Corolla (MH-06/AB-3307), which was found in possession of the co-accused persons. The present applicant has also been implicated in the case on the allegation that he was piloting the said vehicle. Consequently, an offence has been registered against the applicant along with the co-accused persons, and a charge-sheet has been filed. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. It is further submitted that this is the second bail application filed on the ground that co-accused, namely Anjan Kumar Mohanty, has already been granted bail by the Hon’ble Supreme Court vide order dated 19.01.2026 in SLP (Crl.) No. 18677/2025, a copy of which has been annexed as Annexure A/4. It is also submitted that the charge-sheet has been filed, the applicant has no prior criminal antecedents, and he has been in judicial custody since 16.01.2025. In view of the principle of parity, learned counsel prays that the applicant may also be enlarged on bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed before the competent Court, but could not dispute the fact that the co-accused person has been granted bail by the Hon’ble Supreme Court. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 3 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the charge-sheet has been filed against the applicant, and further the fact that a co-accused, namely Anjan Kumar Mohanty, has already been granted bail by the Hon’ble Supreme Court vide order dated 19.01.2026 in SLP (Crl.) No. 18677/2025, a copy of which has been annexed as Annexure A/3, and the applicant is in jail since 16.01.2025. 8. In view of the principle of parity and considering the submissions that the applicant has been falsely implicated, this Court is of the view that the applicant is also entitled to the benefit of bail. While the offences alleged are serious, the applicant release on bail shall be subject to appropriate conditions to ensure that the trial proceeds without obstruction and that the applicant does not influence witnesses or tamper with evidence. Accordingly, the instant second bail application of the applicant is allowed. 9. Let applicant, Husain Iqbal Shaikh, involved in Crime No. 5/2025, registered at Police Station – Singhoda, District – Mahasamund (C.G.) for the offence punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, 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 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. 4 (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. 10. 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 Preeti