1 2026:CGHC:5380 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9889 of 2025 Rajkumar Yadav @ Raju S/o Bhagirathi Yadav Aged About 25 Years R/o Village Kardana Bagpani, Police Station - Batauli, District - Surguja Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Police Chowki Wadrafnagar, Police Station Basantpur, District Balrampur-Ramanujganj Chhattisgarh ...Non-applicant For Applicant : Ms. Kusum Lalchandani, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.01.2026 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. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.31 11:21:41 +0530 2 193/2025 registered at Police Station – Basantpur District – Balrampur-Ramanujganj (C.G.) for the offence under Section 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act. 2. The prosecution story, in brief, is that the police got the information that three persons in a white car numbered as U.P. 70 ED 7182 are carrying drug namely, Codex cough syrup and were coming near Wadrafnagar. The seizure was from Nageshwar Yadav 2 boxes containing total 195 bottles 100 ml of codex TR Cough Syrup, Atul Yadav- 2 boxes containing total 200 bottles 100 ml codex TR Cough Syrup, Sugriv@ Pintu-1 box containing total 100 bottles 100 ml codex TR Cough Syrup. And the same was seized by the police officers. Thereafter memorandum of the co-accused were recorded they have stated against the applicant on the basis of memorandum of co- accused the present applicant has been implicated as a accused in this case. 3. Learned counsel for the applicant submits that applicant is an innocent person and has been falsely implicated in the present crime. He contends that he is innocent and has been roped into the alleged offence due to enmity, having committed no offence under Sections 21(C) and 29 of the NDPS Act, and that the sections invoked against him are not attracted. There is no evidence or seizure against the applicant, and he has been arrested solely on the basis of the memorandum of the co-accused. The applicant further submits that his name is not mentioned even in the F.I.R., a copy of which dated 16/10/2025 is annexed as Annexure A/2, and that he has been falsely imprisoned by the police, indicating that the entire prosecution case is 3 concocted. He is the sole breadwinner of his family, which is completely dependent on him for livelihood. It is further submitted that the learned lower court has not properly considered his earlier bail application. The applicant has no criminal antecedents and is a permanent resident of the address shown in the cause title, leaving no possibility of absconding or tampering with witnesses. He is willing to furnish adequate surety and shall abide by all directions and conditions that may be imposed by this Hon’ble Court. 4. On the other hand, learned counsel appearing for the State/non- applicant vehemently opposes the bail application and submits that a contraband article, namely a total of 200 bottles of 100 ml Codex TR Cough Syrup, including one box labeled Sugriv@ Pintu containing 100 bottles of 100 ml Codex TR Cough Syrup, has been seized from the possession of the applicant. It is further submitted that the applicant has three prior criminal antecedents. Therefore, in view of the nature and gravity of the offence, the applicant is not entitled to the grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the overall facts and circumstances of the case, it is observed that the contraband article in question was not recovered from the personal possession of the applicant, but rather from another accused, whose bail application has already been rejected by this Court, from whom the contraband article was recovered. The Court also notes that the charge-sheet has been duly filed before the competent Court, indicating that the investigation is 4 complete. The applicant has been in judicial custody since 16.10.2025, and it is likely that the conclusion of the trial may take considerable time. Considering the above, including the fact that there is no direct recovery from the applicant, the Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant - Rajkumar Yadav @ Raju involved in Crime No. 193/2025 registered at Police Station – Basantpur District – Balrampur-Ramanujganj (C.G.) for the offence under Section 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act 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 she 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 her absence, without sufficient cause, the trial court may proceed against his 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 her, in accordance with law, under Section 209 of the Bharatiya Nyaya 5 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