1 2026:CGHC:5793 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1096 of 2026 • Ankit Sharma @ Ankush Sharma S/o Late Hemant Sharma Aged About 25 Years R/o - Bharatpur, P.S.- Janakpur, District - M.C.B., C.G. ... Applicant versus • State of Chhattisgarh Through - S.H.O. P.S. - Janakpur, District - M.C.B. (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pushkar Sinha, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.02.2026 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.204/2025 registered at Police Station- Janakpur, District- M.C.B. (C.G.), for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substance Act, 1985. 2. Case of the prosecution, in brief, is that on 24.10.2025 during patrolling duty, the Assistant Sub-Inspector of Police Station VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.03 17:58:44 +0530 2 Janakpur received secret information and reach near Devgarh Main Road Tiraha. Upon personal search, four bottles of Onrex Cough Syrup 100 ml each, were recovered from the applicant/accused, and four similar bottles were recovered from the co-accused Nishant Singh, which were duly seized as per law. The accused failed to produce any valid license or authorization for possession or transportation of the said substance. Consequently, Crime No. 204/2025 was registered under station 21(B) of N.D.P.S. Act, applicant/accused was arrested on 25.10.2025, and since he is in jail. 3. It has been argued by the learned counsel for the applicant submits that the applicant has been falsely implicated in this case and applicant has been falsely roped in this case as he never committed any kind of offence and no psychotropic substance has been seized from the exclusive possession of the applicant and further mandatory provision of Section 42 and 50 has not been followed by the police. It is further submitted by the learned counsel for the applicant that the applicant is in jail since 25.10.2025 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 State Counsel, appearing for the State/non-applicant would oppose the bail application and submits that in the present case charge-sheet has been filed before the competent Court further, further applicant has one criminal antecedent bearing crime No.113 of 2020 for offence under Sections 21(C) of NDPS Act registered at Police Station Janakpur, District- Koriya (C.G.) four bottles of Onrex Cough Syrup 100 ml each, were 3 recovered from the applicant/accused, 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 that in the present case, charge-sheet has been filed before the competent Court further, the quantity of contraband article which has been recovered from the possession of the applicant is less than the commercial quantity and he is in jail since 25.10.2025 and the conclusion of trial will take sometime, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Ankit Sharma @ Ankush Sharma involved in Crime No.204/2025 registered at Police Station- Janakpur, District- M.C.B. (C.G.), for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substance Act, 1985, be released on bail on his furnishing 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 4 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 vaishali