1 2026:CGHC:5019 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 42 of 2026 • Rishabh Verma S/o Ashok Kumar Verma Aged About 27 Years R/o Nawa Gaon P.S. Patan District- Durg (C.G.) ... Applicant versus • State of Chhattisgarh Through S.H.O. Purani Bhilai District- Durg (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. B.P.Singh, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.01.2026 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. 393/2025, registered at Police Station – Purani Bhilai, District – Durg (C.G.) for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story, in brief, is that it is alleged against the present applicant that on 15/10/2025 applicant along with his cosine brother Neeraj Verma were travelling from a Swift Car bearing VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.04 11:20:42 +0530 2 Registration No. CG 04 QK 5678 from Charouda Rail Vihar and taken the said Narcotic Medicine from One Baba and they were going to Nawagaon Patan for selling and on the way near Sirsa Gate, traffic police has stopped the said vehicle for vehicle checking and then beside the seat of driver on beneath it was found 25 piece Glankof-T codine Fasfate Triprolidine Hydrocloride Syrup, total 2500 ML and they have no any valid documents and thus they gave committed the said crime. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is argued that the applicant was earlier arrested in Case Crime No. 392 of 2025, wherein it was alleged that he had dashed a police constable, pursuant to which an FIR was registered on 15.10.2025 under Section 109(1), 132 and 221 of the Bharatiya Nyaya Sanhita, 2023 and Section 184 of the Motor Vehicles Act. It is contended that the concerned police personnel, being aggrieved by the said incident, falsely implicated the applicant in the present case bearing Crime No. 393 of 2025, registered at the same police station on 16.10.2025 at about 12:30 a.m., alleging that the applicant was carrying cough syrup in quantity exceeding the commercial limit. It is further contended that the affidavit filed by the concerned Superintendent of Police in the present case is factually incorrect, as it reflects that the memorandum statement of the applicant was recorded on 15.10.2025, whereas his arrest has been shown on 27.10.2025. It is also submitted that the charge-sheet has been filed in the present case, the applicant has been in judicial custody since 15.10.2025, and the conclusion of the trial is likely to take a considerable period of time. Therefore, a prayer is made for grant of regular bail to the 3 applicant. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case. It is further submitted that the applicant has one criminal antecedent bearing Case Crime No. 392 of 2025, registered under Sections 109(1), 132, and 221 of the Bharatiya Nyaya Sanhita, 2023 and Section 184 of the Motor Vehicles Act at Police Station Old Bhilai, lodged on 15.10.2025. Learned State counsel further submits that a total of 25 bottles of Glankof-T cough syrup containing Codeine Phosphate and Triprolidine Hydrochloride, measuring 2500 ml in total, has been recovered from the possession of the applicant. Therefore, the present 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 learned counsel for the parties and perusing the record, further considering the fact that applicant has been in judicial custody since 15.10.2025 and the charge-sheet has already been filed. There are material inconsistencies in the prosecution case regarding the dates of arrest and recording of statements, and the trial is likely to take considerable time. While the applicant has one criminal antecedent and contraband has been recovered, the period of custody already undergone and the submissions regarding false implication, without expressing any opinion on the merits of the case, this Court is satisfied that the applicant has made out a case for grant of regular bail. 7. Let the applicant, Rishabh Verma involved in Crime No.393/2025, registered at Police Station – Purani Bhilai, District – Durg (C.G.) for 4 the offence punishable under Section 21(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 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 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 5 Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali