1 2026:CGHC:6572 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1293 of 2026 Hukesh Kumar Sahu @ Hukku S/o Derha Ram Sahu Aged About 25 Years R/o Station Maroda, Bajrang Para, Near Sahu Grocery Store, Police Station Newai, District Durg, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through S H O Police Station Newai, District Durg, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Aman Tamrakar, Advocate. For Respondent(s) : Mr. Saurabh Sahu, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/02/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 310/2024 registered at Police Station Newai, District Durg (C.G.), for the offence punishable under Section 8/21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that on 21.10.2024, Assistant Sub-Inspector Krishna Lal Netam of Police Station Nevai, District Durg, received secret information that two persons were illegally selling prohibited narcotic capsules near Nevai Dam, under an Imli tree, by carrying the same in two cloth bags on a Yamaha R-15 motorcycle. Acting on the said information, the police party along with witnesses reached the spot and conducted a raid. During search, the accused Hukesh Kumar Sahu @ Hukku and Aman Nishad Rayan were apprehended. From the possession of accused Hukesh Kumar Sahu, two cloth bags hanging on the handle of Yamaha R-15 motorcycle bearing registration No. CG- 07-CC-0497 were recovered, containing 188 strips of Spas Tranken Plus (Tramadol) capsules, each strip consisting of 8 capsules, totaling 1504 capsules, weighing 872.32 grams. From the possession of co-accused Aman Nishad, a sum of Rs.200/-, alleged to be sale proceeds of narcotic drugs, was seized. The motorcycle used in the offence was also seized. The accused failed to produce any valid licence or document for possession of the said narcotic substance. 3. Upon investigation, it was found that the seized capsules contained Tramadol, a psychotropic substance, and the quantity 3 recovered was much above the commercial quantity as prescribed under the NDPS Act. Accordingly, Crime No. 310/2024 was registered at Police Station Nevai under Section 8/21(c) of the NDPS Act, and after completion of investigation, charge-sheet was filed against the accused persons. Hence, the bail application. 4. Learned counsel for the applicant submits that the applicant has filed an application for grant of interim bail on the ground that the marriage of the real sister of the applicant is to be solemnized on 06.02.2026. The applicant, with utmost respect and humility, seeks a short-term bail commencing from 06.02.2026 to 07.02.2026, in order to attend and participate in the marriage ceremony of his real sister, which is a significant and emotionally charged family occasion. The applicant's presence at this function is not only a familial obligation but also a moral and emotional imperative, and his absence would cause irreparable distress to his family, particularly to his real sister. He also submits that the applicant undertakes to surrender himself before the concerned Court on the expiry of the said period and to comply with all the conditions that may be imposed by this Court, and prays that this application be considered in the light of humane and compassionate considerations. 5. Per contra, learned counsel appearing for the State/respondent would oppose the bail application and submits that the charge- 4 sheet has not been filed in the present case. He further submits that the quantity of contraband article i.e. 188 strips of Spas Tranken Plus (Tramadol) capsules, each strip consisting of 8 capsules, totaling 1504 capsules, weighing 872.32 grams recovered from the possession of the applicant, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the fact that the trial is in progress, the quantity of contraband article which is said to have been recovered from the possession of applicant i.e. 188 strips of Spas Tranken Plus (Tramadol) capsules, each strip consisting of 8 capsules, totaling 1504 capsules, weighing 872.32 grams, is much above the prescribed commercial quantity threshold and counsel for the applicant has failed to give plausible explanation regarding the same, it cannot be a case of false implication. 8. Accordingly the bail application of the applicant namely-Hukesh Kumar Sahu @ Hukku, involved in Crime No. 310/2024 registered at Police Station Newai, District Durg (C.G.), for the offence punishable under Section 8/21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. At this stage, learned counsel for the applicant submits that the marriage of sister of the applicant is scheduled to be held on 5 06.02.2026 at village Marouda, Newai, Bhilai (C.G.), therefore, he prays for grant of ad-interim/temporary bail from 06.02.2026 to 07.02.2026 for attending his sisters’s wedding. 10.Considering the aforesaid fact, I hereby direct that the applicant, Hukesh Kumar Sahu @ Hukku, confined in jail in Crime No. 310/2024 registered at Police Station Newai, District Durg (C.G.), for the offence punishable under Section 8/21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, shall be taken in police custody for attending marriage ceremony of real sister of the applicant which is scheduled to be held on 06.02.2026, with adequate police force. The concerned Superintendent of Central Jail is directed to make all the necessary arrangement with the help of Superintendent of Police, Durg (C.G.) to take the applicant, Hukesh Kumar Sahu @ Hukku, from jail on 06.02.2026, at 10:00 A.M. to attend the marriage ceremony of his real sister in police custody. The applicant shall be brought back to jail on 07.02.2026 at 11.00 A.M. 11.It is made clear that prior to releasing the applicant on 06.02.2026 at 10:00 A.M. for attending his sister’s wedding, the learned trial Court shall verify the said fact from the concerned Police Station. 12.The Registrar (Judicial) of this Court is directed to send a copy of this order to the concerned Special Judge, concerned Jail Superintendent and concerned Superintendent of Police for necessary information and compliance forthwith. 6 13. In view of the above, IA No. 01/2026, stands disposed of. 14. Certified copy today. Sd/- (Ramesh Sinha) Chief Justice Akhil