1 2026:CGHC:7369 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10272 of 2025 • Monu Vishnoi S/o Ram Singh Aged About 29 Years R/o Nangthla, Thana- Agroha Moi, District Hisar, Haryana. ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Ganj, District Raipur C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Abhiyuday Tripathi, Advocate For Respondent/State : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 222/2025, registered at Police Station – Ganj, District – Raipur (C.G.) for the offence punishable under Section 22(C) and 29 read with Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story, in brief, is that on 31.03.2025 the Police Station-Ganj, Raipur allegedly received a secret information that certain persons were standing under the over-bridge near Devendra VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.11 17:22:02 +0530 2 Nagar Square, on the side of the road going towards the railway station, and were purportedly in possession of contraband substance, acting upon such information, a police team from P.S. Ganj arrived at the spot, where they allegedly found the present applicant along with some other co-accused persons. It is stated that all the apprehended persons were carrying a white-coloured plastic pouch/packet suspected to contain narcotic substance. the prosecution further alleges that a total of 27.58 grams of MDMA (MD drugs) was recovered from the "joint possession" of the applicant and the co- accused persons.based on this alleged recovery, the police registered Crime No. 222/2025 for offences under Sections 22(C) & 29 NDPS Act, and later filed the charge-sheet before the Special Judge (NDPS), Raipur, where charges under Sections 22(C) & 29 were framed on 06.11.2025. Therefore, this bail application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicant intermediate quantity of the psychotropic substance i.e. 27.58 grams of MDMA (MD drugs) has been seized from the joint possession of the applicant and co-accused and co-accused has already been granted bail by this Court in MCRC No.9259 of 2025 vide order dated 19.11.2025. It is further submitted that there are no any criminal antecedents of the applicant, and he is in jail since 23.08.2025 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, the learned counsel for the State opposes the bail application and submits that applicant is a resident of the State of 3 Haryana, charge-sheet has been filed in the present case and there is no any criminal antecedents of the applicant. It is submitted that a total of 27.58 grams of MDMA (MD drugs) has been seized from the joint possession of the applicant and co-accused, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of psychotropic substance i.e. 27.58 grams of MDMA (MD drugs) has been seized from the joint possession of the applicant and co-accused, also considering the fact that co-accused has already been granted bail by this Court in MCRC No.9259 of 2025 vide order dated 19.11.2025, charge-sheet has been filed, and further that the applicant is in jail since 23.08.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. 7. Let the applicant, Monu Vishnoi involved in Crime No.222/2025, registered at Police Station – Ganj, District – Raipur (C.G.) for the offence punishable under Section 22(C) and 29 read with Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, be released on bail on their furnishing a 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, 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali