1 2026:CGHC:19317 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3775 of 2026 Girwar Das Vaishnav S/o Onkar Das Vaishnav Aged About 29 Years R/o Village- Karanwa, Gajadharpur, Out Post Latori, Police Station Jainagar, District- Surajpur (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police of Police Station- Gandhinagar, District- Sarguja (C.G.) ... Non-Applicant For Applicant : Mr. Anil Gulati, Advocate. For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27.04.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.20/2025 registered at Police Station – Gandhinagar, District- Sarguja (C.G.), for the offence punishable under Section 22(C) of the Narcortic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 03.01.2025, on 03.01.2025, the police of Gandhinagar Police Station in Sarguja district conducted a patrolling on the Bhagwanpura Khurd road. They spotted two young men carrying bags who fled towards a field upon seeing the police vehicle. The PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.28 13:09:06 +0530 2 suspicious behavior led the police to chase and apprehend them. The individuals identified themselves as Mukesh Toppo, 21, from Bishunpur Khurd, and Girwar Das Vaishnav, 29, from Karwa Gajadharpur. A search of their bags revealed various injections, Talgesic Buprenorphine Injection IP 02 ML ampule 05-05 pieces in 03 trays in a blue coloured bag in the possession of applicant/accused Mukesh Toppo, total 15 pieces and Avil Pheniramine Maleate Injection IP 10 ml in a brown colored carton, total 20 pieces were found. On searching the suspect Girwar Das Vaishnav, Pilrest Diazepam Injection IP 02 ml in a red black colored bag in his possession, total 13 pieces and Avil Pheniramine Maleate Injection IP 10 ml in a brown colored carton, total 15 pieces were found, which were seized by the police. Thereafter,offence has been registered against the applicant and subsequently he was arrested. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 03.01.2025. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that the applicant has no criminal antecedent and the bail application of the co-accused, Mukesh Toppo has already been rejected by this Court vide order dated 21.03.2025 passed in MCRC No. 2264/2025, the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application. 5. I have heard learned counsel for the parties and perused the material available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the article which has been seized from the possession of the applicant and another co-accused are much above the commercial quantity, further the applicant has failed to give explanation for the same and it cannot be a case of false implication, the trial is in progress, also considering the fact that the bail application of the co-accused, Mukesh Toppo has already beenrejected by this Court vide order dated 21.03.2025 passed in MCRC No. 2264/2025, this Court is of the view that the applicant is not entitiled to be released on bail in this case. 7. Accordingly, the bail application of the applicant - Girwar Das Vaishnav, involved inCrime No.20/2025 registered at Police Station – Gandhinagar District- Sarguja (C.G.), for the offence punishable under Section 22(C) of the Narcortic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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 Preeti