1 2026:CGHC:2584 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9677 of 2025 1 - Shiv Kumar Baghel S/o Bunda Baghel Aged About 26 Years R/o Ward No. 11, Dabarapara Bagbahara P/s Bagbahara, District Mahasamund Chhattisgarh 2 - Sunil Patel S/o Naveen Patel Aged About 26 Years Ward No. 12, Tendulotha, P/s Bagbahara, District Mahasamund Chhattisgarh ...Applicants versus State Of Chhattisgarh Through S.H.O. Bagbahara District Mahasamund Chhattisgarh ...Non-applicant For Applicants : Mr. Awadh Tripathi, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.01.2026 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 applicants who have been arrested in connection with Crime No. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.16 12:05:19 +0530 2 232/2025 registered at Police Station – Bagbahara District - Mahasamund (C.G.) for the offence under Section 21(B) 20(B) & 29 of the Narcotic Drugs and Psychotropic Substances Act. 2. The prosecution story, in brief, is that on 5. That, the prosecution story in short is 11.10.2025, Sub-Inspector Shiv Kumar Prasad along with his staff had left for crime investigation. As soon as he reached near the bus stand Bagbahara, he received information from an informer that Shiv Kumar Baghel along with his other associates was illegally selling narcotic drugs/injections, marijuana etc. in the Chandi temple premises, Chandi Kutiya, near the railway line in Bagbahara. On reaching the spot on the above information, a raid was conducted. Around 48 ampule of Lactate Injection IP drug, 10 tablets each separately related to Nitrosun 10/Nitrazepam Tablets IP drug, 16 syringes, 50 packets of narcotic substance Ganja weighing a total of 93.56 grams were found. These were recovered from the joint possession of the accused, which were seized and they were duly arrested and at Bagbahara police station, crime number 232/2025 under section 20 (b) of NDPS Act was registered against the accused Shiv Kumar Baghel, Sunil Patel, Nitesh Kumar Vegad and Rahul Yadav. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. He further submits that the applicants have not committed any offence as alleged, and there is no cogent or reliable evidence on record to connect him with the alleged crime. It is further submitted that the applicant is the sole earning member of his family, and his continued detention is causing severe 3 hardship to his dependents. Moreover, the applicant is suffering from a serious medical condition and requires regular treatment, which cannot be adequately ensured during incarceration. The applicant has fully cooperated with the investigation and undertakes to abide by any condition imposed by this Hon’ble Court, therefore, he prays for the grant of regular bail to the applicant. 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 in the present case before the competent Court. He further submitted that applicant No. 1 has no criminal antecedent, whereas applicant No. 2 has no criminal antecedents; therefore, they are not entitled to the grant of 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, it is noted that the contraband article, i.e., 48 ampule of Lactate Injection IP drug, 10 tablets each separately related to Nitrosun 10/Nitrazepam Tablets IP drug, 16 syringes, 50 packets of narcotic substance Ganja weighing a total of 93.56 grams were found, which is less than the commercial quantity. Further, considering the fact that the charge- sheet has already been filed before the competent Court, that the applicants have been in custody since 12.10.2025, and that the conclusion of the trial is likely to take considerable time, this Court is of the considered view that the applicants are entitled to be released on bail in the present case. 4 7. Let the Applicants - Shiv Kumar Baghel & Sunil Patel involved in Crime No. 232/2025 registered at Police Station – Bagbahara District - Mahasamund (C.G.) for the offence under Section 21(B) 20(B) & 29 of the Narcotic Drugs and Psychotropic Substances Act, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that she 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 applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of her absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, 5 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 applicants are 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 themselves 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