1 2026:CGHC:388 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9949 of 2025 • Mukesh Verma @ Mukku S/o Anand Verma Aged About 25 Years R/o Avanti Vihar, Block No. 04, House No. 106, Police Station Khamhardih, District Raipur Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Kabir Nagar, District Raipur Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. C.R. Sahu, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 190/2025, registered at Police Station – Kabir Nagar, District – Raipur (C.G.) for the offence punishable under Section 20(B), 18(b) of Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act and 111 of BNS 2023 and 25, 27 of Arms Act. 2. The prosecution story, in brief, is that on 29/08/2025, acting upon secret information, the police of police station Kabir Nagar conducted VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.06 18:05:37 +0530 2 a search at the residence of applicant at Veer Savarkar Nagar Raipur and recovered heroin weight about 17.31 grams and cartridges from his possession and house. During investigation other co-accused Rupinder Singh disclosed that he along with his associates, had brought the contraband from Punjab to Raipur for sale and had distributed it amount his peddlers. The Mobile Phone date of co- accused Rupinder Singh revealed that the applicant along with other co- accused persons were in frequent contact with him and was one of his subordinate peddlers engaged in selling contraband. Thereafter the concerned police of police station Kabir Nagar Raipur investigated the matter and registered the crime for an offence punishable under section 21(b)18(b) of Narcotic Drugs & Psychotropic Substances Act, 111 of BNS 2023 and 25, 27 of Arms Act. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and charge-sheet has been filed in this case. It is also submitted that nothing intoxicate article has been seized from the possession of the applicant, only one mobile has been seized from the possession of the present applicant. It is further submitted that there are three criminal antecedents of the applicant, out of which two cases are pending for their conclusion and he is in jail since 01.09.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and contraband article has been seized from the possession of the co-accused, only one mobile phone has been recovered from the possession of the applicant. He also submits that 3 there are three criminal antecedents of the applicant, out of which two cases are still pending for their conclusion, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the face that no contraband article has been seized from the possession of the present applicant, only one mobile phone has been recovered from the possession of the applicant. Also considering the fact that charge-sheet has been filed, and further that the applicant is in jail since 01.09.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant, Mukesh Verma @ Mukku involved in Crime No. 20(B), 18(b) of Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act and 111 of BNS 2023 and 25, 27 of Arms Act, be released on bail on their 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 4 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. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali