Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration
Date: 06.11.2026
Chhattisgarh HC: No Direct Recovery from Accused, Co-Accused Already on Bail β NDPS Bail Granted
This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .
The High Court of Chhattisgarh has granted regular bail to Arif Hussain, relying substantially on parity with a co-accused who had already been released on bail by the Supreme Court.
Background of the case
The order was passed by Justice Rakesh Mohan Pandey on 5 November 2026 in MCRC No. 9416 of 2026. Arif Hussain, 26, was seeking his first regular-bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
He was arrested in connection with Crime No. 364/2024 at Gandhinagar Police Station, Surguja district. The case involves allegations under Sections 22(C), 27 and 29 of the Narcotic Drugs and Psychotropic Substances Act.
According to the prosecution, police intercepted an Alto car bearing registration number JH 01 DC 3645 and seized 1,500 Rexogesic Buprenorphine Injection IP ampoules of 2 ml each, totalling 3,000 ml. The alleged recovery was made from co-accused Pankajdhar Dubey. Arif Hussain was subsequently arrested after his name emerged in Dubeyβs memorandum statement.
Arguments before the Court
Counsel for Arif Hussain argued that he had been falsely implicated because the alleged contraband was not recovered from his exclusive possession. The defence also submitted that the allegation against him was based solely on the memorandum statement of the co-accused.
A central submission was that Pankajdhar Dubey, from whose possession the prosecution alleges the contraband was recovered, had already been granted bail by the Supreme Court on 24 July 2026 in SLP (Crl.) No. 11633/2026. The applicant had been in custody since 19 March 2026, the charge-sheet had been filed, and the trial was expected to take time. The defence acknowledged that Hussain had one prior criminal antecedent and sought bail on the principle of parity.
The State opposed the request but did not dispute that the co-accused had received bail from the Supreme Court.
Courtβs reasoning
After considering the case diary, the Court noted the seriousness of the allegations but found it appropriate to extend bail without commenting on the merits of the prosecutionβs case.
The Court took account of the Supreme Courtβs bail order for the co-accused, including the fact that the co-accused was the person from whose instance the alleged contraband had been recovered. It also noted that Hussainβs name had surfaced through the co-accusedβs memorandum statement and that he had one similar criminal antecedent registered in 2024.
The order records that Hussain had been absconding before being arrested on 19 March 2026. Even so, the Court concluded that the overall circumstances, particularly the parity consideration, justified grant of regular bail.
Bail order and conditions
The High Court directed that Arif Hussain be released on bail upon furnishing a personal bond of Rs. 50,000 with one surety for the same amount, to the satisfaction of the trial court.
The release is subject to three conditions:
- No witness interference: He must not directly or indirectly induce, threaten or promise anything to any person familiar with the facts of the case to discourage disclosure before the court.
- No prejudice to the trial: He must not act in any way that could affect the fairness or speedy conduct of the trial.
- Mandatory court appearances: He must appear before the trial court on every date fixed until the case is disposed of.
Significance of the order
The decision illustrates the importance of parity in bail proceedings, particularly where a co-accused connected to the alleged recovery has already been granted bail by a higher court. At the same time, the order does not decide the merits of the NDPS allegations; it only permits release during the pendency of the criminal trial, subject to strict conditions.
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Source: Chhattisgarh High Court
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