1 2026:CGHC:4472 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9376 of 2025 • Pramila Sao D/o Chhakki Lal Sao Aged About 31 Years R/o Village- Dabha Charbhatthi, P.S.- Jharbandh, District- Bargadh, Odisha. ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station- Patewa, District- Mahasamund (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pranay Thite, Advocate appeared through Video Conferencing. For Respondent/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/01/2026 1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.86/2025 registered at Police Station- Patewa, District-Mahasamund (C.G.) under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 09.06.2025 at about 05:05 PM, acting on a secret information, Police Station Patewa, District Mahasamund, received intimation that two persons were VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.29 10:40:49 +0530 2 transporting contraband Ganja concealed in a yellow "Safal Pan Masala” bag on a motorcycle bearing registration number CG 04 PN 8841, coming from Sankra towards Raipur. On the basis of this information, a police team under the supervision of Sub-Inspector Sunil Kumar Bhoi organized a raid and intercepted the said motorcycle near NH-53 Bodra Padav. The accused persons namely Pawan Kumar Shrivastava and Yaman Prakash Patel were apprehended on the spot. Upon search conducted in the presence of independent witnesses and after compliance of During the course of investigation, on the memorandum of the accused persons recorded under Section 67(b) of the NDPS Act, the police apprehended co- accused Jameel Beg, who admitted to having procured the said contraband through one lady named Pramila Sao residing at village Dhabha Charbhatti, District Bargarh (Odisha). Acting upon this disclosure, the investigating team apprehended Pramila Sao, daughter of Chakki Lal Sao, aged about 31 years, from Odisha. In her memorandum statement, the applicant/accused Pramila Sao allegedly admitted to having supplied about 9 kilograms of Ganja to the co-accused persons Pawan Shrivastava and Yaman Prakash Patel through Jameel Beg for onward sale at Raipur. The mobile phone used in communication and transaction of the said contraband was seized from her possession. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He further submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. It is further submitted that there 3 is no criminal cases registered against the applicant under other offences and only on the basis of memorandum statement of the co- accused persons, present applicant is implicated in crime in question and there is no seizure of any contraband from the present applicant and he is in jail since 05.08.2025 and the conclusion of the trial is likely to take quite long time. Further more co-accused persons have already been enlarged on bail by this Court in MCRC No.7042 of 20125 and MCRC No.7057 of 2025, therefore, he prays for grant of regular bail to the applicant on the ground of parity. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedents. He further submits that 9 kgs of Ganja is seized from the possession of co-accused person, therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the applicant has no criminal antecedent and considering the quantity of contraband article seized i.e. 9 kgs of Ganja, which is less than commercial quantity, charge-sheet has been filed and the trial is likely to take some time for its conclusion, applicant is in jail since 05.08.2025 and co-accused persons have already been enlarged on bail by this Court in MCRC No.7042 of 20125 and MCRC No.7057 of 2025, hence this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 4 7. Let the Applicant – Pramila Sao, involved in Crime No.86/2025 registered at Police Station-Patewa, District-Mahasamund (C.G.) under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on their furnishing 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. (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 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (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 313 Cr.P.C. If in the opinion of the trial court absence of the applicants are 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 them in accordance with law. 5 8. 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 vaishali