1 2026:CGHC:5796 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1087 of 2026 • Bhushan Sahu S/o Laxmikant Sahu Aged About 19 Years Resident Of Near Gadiyahi Temple, Chandi Nagar, Police Station Khamhardih, District Raipur (C.G.) ... Applicant versus • State of Chhattisgarh Through- Station House Officer, Police Station- Khamhardih, District Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pradeep Rathore, Advocate For Respondent/State : Mr. Priyank Rathi, Government Advocate 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. 311/2025 registered at Police Station- Khamhardih, District - Raipur (C.G.) under Section 22 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on the basis of information report police has been recovered 28 strip of Nitrazepam Tablet IP Nitrosun (R)-10 in each strip 10 tablet and total of 280 tablets in all strips and weight of all tablets are 140 gms, from the possession of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.03 17:58:44 +0530 2 the present applicant on the basis of said complaint, FIR has been registered against the applicant. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and the contraband article was not seized from the exclusive 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 and applicant is in jail since 08.11.2025. He also submits that the conclusion of the trial is likely to take quite long time, therefore, the applicant may be granted bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that no criminal antecedent against the applicant and the charge-sheet has been filed in the present case before the competent Court. He further submits that from the possession of the applicant contraband article 28 strip of Nitrazepam Tablet IP Nitrosun (R)-10 in each strip 10 tablet and total of 280 tablets in all strips and weight of all tablets are 140 gms, from the possession of the present applicant, 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, allegations levelled against the present applicant and the quantity of prohibited goods seized from the present applicant, namely 28 strips of Nitrazepam Tablets IP Nitrosun (R)-10, with 10 tablets in each strip, totaling 280 tablets, and weighing 140 grams, falls under the category of an intermediate quantity and applicant has no criminal antecedent and also considering the fact that the charge-sheet has 3 been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Bhushan Sahu, involved in Crime No. 311/2025 registered at Police Station-Khamhardih, District - Raipur (C.G.) under Section 22 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985., be released on bail on their 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 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 4 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali