1 2026:CGHC:4749 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 900 of 2026 Mohd. Anish S/o Mohd. Yusuf Aged About 51 Years R/o Sanjay Nagar Near Madani Chowk, P.S. Tikrapara, District Raipur C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Tikrapara, Raipur, District Raipur C.G. ... Respondent(s) For Applicant(s) : Ms. Khushbu Sahu, Advocate. For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/01/2026 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. 809/2025 registered at Police Station Tikrapara, Raipur, District Raipur (C.G.) for the offence punishable under Sections 22 (B) of N.D.P.S. Act. 2 2. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station Tikrapara, Raipur seized contraband substance i.e. NRX Nitrazepam tablet IP Nitrotion 10 total 900 pieces tablet weighting 495 gm from the possession of the applicant, which led to the registration of alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband substance was not seized from the exclusive possession of the applicant. She further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. She also submits that the seized contraband substance i.e. NRX Nitrazepam tablet IP Nitrotion 10 total 900 pieces tablet weighting 495 gm is less than the commercial quantity. She later submits that the applicant has one criminal antecedent of the year 2005 under the IPC and the applicant is in jail since 11.10.2025 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that from the possession of the applicant contraband substance i.e. NRX Nitrazepam tablet IP 3 Nitrotion 10 total 900 pieces tablet weighting 495 gm is seized, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent under the IPC of the year 2005, therefore, the applicant is not entitled for grant of 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 and the fact that the applicant has one criminal antecedent of the year 2005 under the IPC, which is old and stale, and the contraband substance i.e. NRX Nitrazepam tablet IP Nitrotion 10 total 900 pieces tablet weighting 495 gm recovered from the possession of the applicant is less than the commercial quantity, further the charge-sheet has been filed in the present case, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Mohd. Anish, involved in Crime No. 809/2025 registered at Police Station Tikrapara, Raipur, District Raipur (C.G.) for the offence punishable under Sections 22 (B) of N.D.P.S. Act, be released on bail on his 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 4 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 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil