1 2026:CGHC:14079 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1833 of 2026 Arti Telasi W/o Ashish Telasi Aged About 30 Years R/o Dewar Para, Subhash Nagar, Police Station Telibandha Raipur, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Telibandha Raipur, District - Raipur (C.G.) ... Non-applicant For Applicant : Mr. Krishnakumar Dixit, Advocate. ( through V.C.) For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.03.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 31/2026 registered at Police Station – Telibandha Raipur, District- Raipur Chhattisgarh, for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that on 28.01.2026 at about 07:00 AM, the police of Police Station Telibandha, Raipur received credible VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.03.25 12:10:33 +0530 2 information from a secret informer that contraband substance was kept in a hut situated in an open area adjacent to the house of the present applicant. Acting upon the said information, the police patrolling team reached the spot and conducted a search of the hut, wherefrom two bags, one white bag and one carry bag, were recovered, which were found to contain contraband substance weighing approximately 3.700 kilograms. The said contraband was seized in accordance with law, sealed on the spot, and seizure proceedings were carried out in the presence of witnesses. It is further alleged that the hut from which the contraband was recovered was in close proximity to and under the control of the applicant, and therefore, the applicant was found to be in conscious possession of the said contraband. Consequently, the applicant was arrested on the same day and a case was registered at Police Station Telibandha, Raipur, and the matter is presently under investigation. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. That the applicant has been falsely implicated in the present case and is wholly innocent, having no involvement whatsoever in the alleged offence. It is submitted that the alleged contraband was recovered by the police patrolling team from an open hut belonging to an unknown person and not from the possession or house of the present applicant, and therefore, no case of conscious possession is made out against her. The implication of the applicant is based merely on suspicion and is a result of arbitrary and mala fide action on the part of the police officials. It is further submitted that the applicant has not committed any offence as alleged and has been unnecessarily 3 harassed and falsely roped in the present case, allegedly on account of non-fulfilment of illegal demands made by the police personnel. The applicant is a lady having two minor children aged about 5 years and 3 years, who are solely dependent upon her, and in her absence, the family is facing extreme hardship and financial distress. It is also submitted that the applicant has been in judicial custody since 28.01.2026, the investigation is likely to take considerable time, and the charge-sheet has not yet been filed before the learned court below. The applicant is a permanent resident of the address mentioned in the cause title and there is no likelihood of her absconding or tampering with prosecution evidence. The applicant undertakes to cooperate with the trial and abide by any condition imposed by this Hon’ble Court. Therefore, considering the facts and circumstances of the case, it is most humbly prayed that this Hon’ble Court may kindly be pleased to grant bail. 4. On the other hand, learned counsel appearing for the State/non- applicant opposed the bail application and submitted that the charge- sheet has already been filed before the competent Court. 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, it is observed that 3.700 kilograms of contraband has been seized from the possession of the applicant, which is less than the commercial quantity. Further, considering that the charge-sheet has already been filed before the competent Court, the applicant has no criminal antecedents, and has been in custody since 28.01.2026, and that the 4 conclusion of the trial is likely to take considerable time, this Court is of the considered view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the Applicant - Arti Telasi, involved in Crime No.31/2026 registered at Police Station – Telibandha Raipur, District- Raipur Chhattisgarh, for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on 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 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 5 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice vaibhav