1 2026:CGHC:5373 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9939 of 2025 Sajid Sheikh S/o Shri Kadar Sheikh Aged About 30 Years R/o Lakkad Kot Madina Medical, P.S.- Virur, Distt.- Chandrapur (Maharashtra) Permanent Address Village- Devda, Police Station- Rajura, District : Chandrapur, (Maharashtra) . .. Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Kotwali, District : Rajnandgaon, Chhattisgarh ... Respondent For Applicant : Shri Rajendra Patel, Advocate. For Respondent/State : Ms. Monika Thakur, PL. 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 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.605/2025 registered at Police Station Kotwali, Distt.- Rajnandgaon GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.31 19:10:40 +0530 2 for the offence punishable under Section 21(b) of NDPS Act. 2. Case of the prosecution, in brief, is that on 07.10.2025, Sub-Inspector Radheshyam Juri of police station Kotwali received information from an informer that the driver of truck number CG08-AS-8158, Kishore Sinha, brings narcotic pills from Maharashtra and sells them in Rajnandgaon city and is about to arrive today. Based on the above information, he reached the spot along with his staff and witnesses and cordoned off the area. Two persons were seen in the truck and when both the persons were taken out of the truck and asked for their names, the truck driver told his name as Kishore Sinha and the person sitting on the conductor's seat told his name as Kishan Sen. A packet containing 10 strips of narcotic tablets, each containing 10 tablets, totaling 100 pieces of narcotic tablets, was found in the possession of suspect Kishore Sinha and 9 strips containing 10 tablets each, totaling 90 pieces of narcotic tablets, totaling worth Rs. 1482, were found in the possession of suspect Kishan Sen. These were identified as narcotic tablets and on weighing, they were found to be. 73.900 Gram from the possession of accused Kishore Sinha and 66.500 Gram from the Kishan Sen after registration of crime police have recorded their memorandum in which he stated that the said strips were purchase from the medical shop of the applicant therefore on 25.10.2025 applicant was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in this case. He would submit that there is no material that the applicant was in exclusive possession of the contraband Article which were used as Narcotics and the 3 prosecution agency has seized entire Tablets from the co-accused persons and no seizure was made from the applicant. He would submit that the applicant has been arrested solely on the basis of the memorandum of co-accused persons, in which they claimed that the tablets were purchased from the applicant's shop. He would submit that co-accused namely Kishore Kumar Sinha has been granted bail by this Court in MCRC No.9631/2025 on 27/11/2025, co-accused Vishal Mishra has been granted bail in MCRC No.10091/2025 on 09/12/2025 & co-accused Kishan Sen has been granted bail in MCRC No.10396/2025 on 19/12/2025. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 25/10/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents in the State of Maharashtra. She would submit that allegation against the applicant is that the said co-accused persons who have been granted bail by this Court has purchased the narcotic tablets from the medical shop of the applicant which was less than the commercial quantity. 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, nature of allegation levelled against the applicant that the co-accused persons purchased the narcotic tablets from the medical shop of the 4 applicant which was less than the commercial quantity, further the fact the said co-accused persons namely Kishore Kumar Sinha has been granted bail by this Court in MCRC No.9631/2025 on 27/11/2025, co- accused Vishal Mishra has been granted bail in MCRC No.10091/2025 on 09/12/2025 & co-accused Kishan Sen has been granted bail in MCRC No.10396/2025 on 19/12/2025, charge sheet has been filed, applicant has no criminal antecedents in the State of Maharashtra and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Sajid Sheikh, involved in Crime No.605/2025 registered at Police Station Kotwali, Distt.- Rajnandgaon for the offence punishable under Section 21(b) of NDPS Act, be released on bail on his furnishing a 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 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. 5 (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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri