1 2026:CGHC:409 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9923 of 2025 Rehan Khan @ Raj S/o Kallu Khan Aged About 19 Years Resident Of Near Aisha Masjid Om Nagar, Jarhabhata, P.S. Civil Line District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Sarkanda, District Bilaspur (C.G.) ... Respondent For Applicant : Shri Pawan Kumar Kashyap, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/01/2026 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.1046/2025 registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 21, 22, 29 of the N.D.P.S. Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.06 16:19:28 +0530 2 2. Case of the prosecution, in brief, is that on 02-08-2025 at about 09:50 AM, near Sheetla Temple, Lingiyadih, Police Station Sarkanda, 120 tablets of NRx Nitrazepam Tablet IP (Nitrosun 10), consisting of 12 strips, were seized from the applicant/accused Rehan Khan alias Raj. In the memorandum statement, it has been stated that the said tablets were obtained from co-accused Lokesh Kare for the purpose of sale, and that the accused, in conspiracy with the co-accused, was engaged in selling narcotic substances. Based on this, a sum of Rs. 520/-, being the sale proceeds, was seized from Lokesh Kare. The accused persons were arrested on the same date. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the seized banned medicine was not recovered from the possession of the applicant. He 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. He further submits that co-accused Lokesh Kare has been granted bail by this court in MCRC No.8516/2025 on 19/11/2025. He further submit that the applicant is in jail since 02/08/2025 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, 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. She would submit that the applicant has two criminal antecedents, out of which one case is under the Excise Act and the other case is under the Arms Act. She further submits that from the possession of the 3 applicant contraband article i.e. ban medicine NRx Nitrazepam Tablet IP Nitrosun -10 (12 strips total 120 tablets) i.e. 102 gms has been seized which is intermediate quantity. She would submit that the co- accused Lokesh Kare who has been granted bail by this court in MCRC No.8516/2025 on 19/11/2025 there was no seizure from him, therefore, the present 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, further the fact that contraband article i.e. ban medicine NRx Nitrazepam Tablet IP Nitrosun -10 (12 strips total 120 tablets) i.e. 102 gms which has been seized from the possession of the applicant is intermediate quantity, applicant has two criminal antecedents, out of which one case is under the Excise Act and the other case is under the Arms Act, charge sheet has been filed, applicant is in jail since 2/08/2025 and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Rehan Khan @ Raj, involved in Crime No.1046/2025 registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 21, 22, 29 of the 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:- 4 (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 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 gouri