Citation : 2026 Latest Caselaw 171 Chatt
Judgement Date : 27 February, 2026
1
2026:CGHC:10261
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1927 of 2026
Suraj Verma S/o Dayaram Verma, Aged About 25 Years R/o Village Bhainsa,
Police Kharora, District -Raipur, C.G.
... Applicant
versus
State of Chhattisgarh Through S.H.O. Kabir Nagar, District - Raipur, C.G.
... Non-applicant
For Applicant : Mr. Shubham Tripathi, Advocate.
For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
27.02.2026
1.
This is the first bail application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular
bail to the applicant who has been arrested in connection with
Crime No. 129/2024 registered at Police Station Kabir Nagar, District -
Raipur (C.G.) for the offence punishable under Sections 20-B, 20(C) and
29 of NDPS Act.
2. Case of the prosecution, in brief, is that on 29.05.2024, as per secret
information received from the information, the Police of Police Station
Kabeer Nagar, Distt.- Raipur (C.G.) intercepted two white Venue car
bearing registration No.CG-04-NB-7941, and seized 60.468 Kgs of
Ganja from the joint possession of the applicant and co-accused, Ajay
Goure, which led to the registration of the alleged offence against the
applicant and subsequently, the applicant was arrested. Hence the bail
application.
3. Learned counsel for the applicant submits that the applicant has not
committed any offence and he has been falsely implicated in offence in
question. He further submits that the identically situated co-accused
persons, namely, Kanhaiya has been granted regular bail by the Hon'ble
Apex Court vide order dated 25.07.2025 in Special Leave to Appeal (Crl)
No(s), 7841/2025 and co-accused persons, namely, Ajay Goure @ Boby
and Azrudding Qureshi have been granted regular bail by this Court vide
order dated 21.08.2025 and 04.09.2025 in MCRC Nos.6218 of 2025 and
7066/2025, respectively. Further, the applicant is in jail since 24.07.2025,
charge-sheet has been filed and the trial is likely to take some time for its
conclusion. Therefore, he prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application
and submits that the charge-sheet has been filed in the present case, but
could not dispute the fact that the co-accused persons have already been
granted regular 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, nature
and gravity of offence, period of detention of the applicant since
24.07.2025, also considering the fact that the co-accused persons,
namely, Kanhaiya has been granted regular bail by the Hon'ble Apex
Court vide order dated 25.07.2025 in Special Leave to Appeal (Crl)
No(s), 7841/2025 and co-accused persons, namely, Ajay Goure @ Boby
and Azrudding Qureshi have been granted regular bail by this Court vide
order dated 21.08.2025 and 04.09.2025 in MCRC Nos.6218 of 2025 and
7066/2025, respectively, and the case of present applicant is identical to
that of the aforementioned co-accused persons, further charge-sheet has
been filed in the present case, this Court is of the view that the applicant is
entitled to be released on bail in this case.
7. Accordingly, the application is allowed.
8. Let the Applicant- Suraj Verma, involved in Crime No. 129/2024
registered at Police Station Kabir Nagar, District - Raipur (C.G.) for the
offence punishable under Sections 20-B, 20(C) and 29 of NDPS Act, be
released on bail on his furnishing a personal bond with two 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 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.
9. Office is directed to send a certified copy of this order to the trial Court for
necessary information and compliance.
Sd/-
(Ramesh Sinha) CHIEF JUSTICE Preeti
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