1 2026:CGHC:6004 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10009 of 2025 Nishan @ Nishant Goswami S/o Vijay Goswami Aged About 30 Years Resident Of Mungeli Naka, Bilaspur, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Koni, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Ms. Deeksha Jaiswal, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.02.2026 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 applicant who has been arrested in connection with Crime No. 503/2025 registered at Police Station – Koni District - Bilaspur Chhattisgarh, for the offence under Sections 21, 22 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that on 12.10.2025 the Police of Police Station, Koni received secret information through informant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.03 17:40:32 +0530 2 regarding transportation of cough syrup in Swift Car bearing registration no. CG-04-HD-4564. On the basis of said information, the police personnel conducted raid and allegedly recovered 698 NRx Dicylomine Hydrochloride, Tramadol Hydrochloride & Acetaminophen Capsules SPAS-TRASCEN-PLUS Capsules from the possession of accused Arif Mohammed and accordingly the said Arif Mohammed was arrested and his memorandum statement was recorded, in which, he alleged stated that he has purchased the said capsules from the medical shop of present applicant at Mungeli Naka for sale. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. She further submits that the applicant is running a medical shop with a valid license/permission and has no previous criminal antecedents. The alleged capsules were not recovered from the possession of the present applicant, and the applicant has been arrested solely on the basis of the memorandum statement of co- accused Arif Mohammed. The alleged offences are not punishable with life imprisonment or death penalty. The applicant is the sole bread-earner of his family, and his prolonged pre-trial detention would adversely affect the livelihood of his family members. The applicant has been in judicial custody since 12.10.2025, and in view of the above facts and circumstances, the applicant deserves to be enlarged on bail. 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 before the competent Court. She further 3 submitted that 698 NRx Dicyclomine Hydrochloride, Tramadol Hydrochloride and Acetaminophen Capsules (SPAS-TRASCEN- PLUS) were seized from the possession of the applicant, and therefore, he is not entitled to be granted 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 observed that 698 NRx Dicyclomine Hydrochloride, Tramadol Hydrochloride and Acetaminophen Capsules (SPAS-TRASCEN- PLUS) were seized from the possession of the applicant, which is less than the commercial quantity. Further, considering the fact that the charge-sheet has already been filed before the competent Court, the applicant has been in custody since 12.10.2025, and the conclusion of the trial is likely to take considerable time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. Accordingly, the bail application is allowed. 7. Let the Applicant - Nishan @ Nishant Goswami, involved in Crime No. 503/2025 registered at Police Station – Koni District - Bilaspur Chhattisgarh, for the offence under Sections 21, 22 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing 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, it shall be 4 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 vaibhav