MUKESH MODI vs GOVERNMENT OF INDIA

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CGHC010373412026 2026:CGHC:45451
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 9063 of 2026
Mukesh Modi S/o Mathura Modi, Aged About 45 Years R/o House No.
25/2 Maitri Nagar, Risali, Police - Station - Newai, Bhilai, District And
Tehsil Durg Chhattisgarh
... Applicant(s)
KUNAL
DEWANGAN
versus
Digitally
signed by
KUNAL
DEWANGAN
Government Of India Through The N C B Zonal Unit, Distt. Raipur
Chhattisgarh
... Non-applicant(s)
For Applicant : Mr. Jitendra Gupta, Advocate.
For Non-applicant/State : Mr. Ramakant Mishra, Dy. Solicitor
General/UOI
Hon'ble Shri Rakesh Mohan Pandey, Judge
Order on Board
28.10.2026
1. The applicant has preferred this First 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.
02/2024, registered at Police Station - NCB Zonal Unit, Raipur,
District Raipur (C.G.), for the offences punishable under Sections
8/20 and 29 of the Narcotic Drugs and Psychotropic Substances
Act, 1985.

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2. The prosecution story, in brief, is that on 04.09.2024, Inspector
Sheikh Abdul Mohsin of the NCB, along with the RPF team,
conducted a search of the general and sleeper coaches of Puri-
Durg Express (Train No. 18425). During the search, co-accused
Saudagar Kumbhar was found in possession of three bags
containing 11.640 kilograms of ganja packed in 11 packets
wrapped in brown plastic tape, which were seized. During
interrogation, co-accused Saudagar Kumbhar allegedly disclosed in
his memorandum statement that the contraband had been supplied
to him by co-accused Khemraj Mehar and was intended to be
delivered to the present applicant, Mukesh Modi, resident of Bhilai.
It was further alleged that, on earlier occasions, he had also brought
ganja from Titlagarh for delivery to the applicant at the direction of
co-accused Khemraj Mehar. Based upon the said allegations, the
aforesaid offences were registered against the applicant.
3. Learned counsel for the applicant would submit that the applicant is
innocent and has been falsely implicated in the present case solely
on the basis of the memorandum statement of co-accused
Saudagar Kumbhar. He would further submit that the contraband
weighing 11.640 kilograms was seized from the possession of co-
accused Saudagar Kumbhar and the said quantity is less than
commercial quantity. He would also submit that co-accused
Saudagar Kumbhar has been granted bail by a Co-ordinate Bench
of this Court vide order dated 15.01.2025 passed in MCRC No.
366/2025, whereas co-accused Khemraj Mehar has also been
granted bail vide order dated 20.12.2024 passed in MCRC No.

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8260/2024. Therefore, the applicant, whose case stands on a better
footing, is also entitled to bail on the ground of parity. He would
further submit that the applicant has two criminal antecedents of a
similar nature, out of which he has been acquitted in one case,
while the other case of the year 2025 is pending consideration. The
applicant is in judicial custody since 24.04.2025, the trial is pending
and, out of 12 prosecution witnesses, nine have already been
examined. As the conclusion of trial is likely to take some time, he
prays for grant of bail to the applicant.
4. On the other hand, learned counsel for the UOI would oppose the
prayer for grant of bail and submit that the applicant has two
criminal antecedents of a similar nature, out of which one case is
still pending, indicating his repeated involvement in similar offences.
Therefore, considering the nature of the allegations and the criminal
antecedents of the applicant, he is not entitled to be enlarged on
bail.
5. I have heard learned counsel appearing for the parties and perused
the case diary as well as the material available on record.
6. Having considered the facts and circumstances of the case, nature
of allegations against the applicant, the fact that 11.640 kilograms
of ganja, being less than commercial quantity, was seized from the
possession of co-accused Saudagar Kumbhar, on whose
memorandum statement the applicant has allegedly been
implicated and further considering that co-accused Saudagar
Kumbhar and Khemraj Mehar have already been granted bail by

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Co-ordinate Bench of this Court vide orders dated 15.01.2025 and
20.12.2024, respectively, the case of the applicant deserves
consideration on the ground of parity. This Court has also taken into
consideration the criminal antecedents of the applicant, including
the fact that he has been acquitted in one case and another case of
a similar nature is pending, as well as the fact that the applicant is in
jail since 24.04.2025 and nine out of 12 prosecution witnesses have
already been examined. Thus, without further commenting upon the
merits of the case, this Court is inclined to grant bail to the
applicant.
7. Accordingly, the bail application of the applicant is allowed . It is
directed that in the event of the applicant executing a personal bond
for a sum of Rs.50,000/- with one surety in the like sum to the
satisfaction of the concerned trial Court, he shall be released on bail
on the following conditions:-
(i) he shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such fact to the Court;
(ii) he shall not act in any manner which will be
prejudicial to fair and expeditious trial, &
(iii) he shall appear before the trial Court on each and
every date given to him by the said Court till disposal
of the trial.
S/- Sd/-
(Rakesh Mohan Pandey)
Judge
Kunal