1 2026:CGHC:21709 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2480 of 2026 • Mrityunjay Dubey @ Md S/o Sanjay Dubey Aged About 26 Years R/o H.No.41, Navjeevan Colony, Pachpedi Naka, P.S. Tikrapara Dist.- Raipur, Chhattistgarh ... Applicant(s) versus • State of Chhattisgarh Through Police Station, Saraswati Nagar, District- Raipur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Sharad Mishra, Advocate For Respondent(s) : Ms. Sameeksha Gupta, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 279/2025, registered at Police Station – Saraswati Nagar, District – Raipur (C.G.) for the offence punishable under Section 21(B), 25, 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act and Section 111 of Bhartiya Nyay Sanhita, 2023. 2. The prosecution story, in brief is that on 05.12.2025, during routine VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.12 18:11:37 +0530 2 patrolling, the police team of Police Station Saraswati Nagar, Raipur, received credible information from an informer that two young persons were standing near Science College Ground, Raipur, in a black Ranger vehicle and were in possession of illegal contraband substances for the purpose of sale. Acting upon the said information, the police recorded the information in the Rojnamcha Sanha and immediately proceeded to the spot along with independent witnesses. On reaching the indicated place, the police team noticed a black vehicle parked near the ground and two persons sitting inside. On suspicion, the vehicle was intercepted and both persons were questioned about their identity and purpose. As their conduct appeared suspicious, notice under Section 50 of the NDPS Act was served and they were informed of their legal rights. Thereafter, in presence of witnesses, search of the vehicle and personal search of the accused persons was conducted During investigation, statements of witnesses were recorded under Section 161 Cr.P.C., and other procedural formalities were completed. The investigation revealed that the accused persons were engaged in illegal possession and transportation of narcotic substances for commercial gain. After completion of investigation and upon finding sufficient evidence, charge-sheet has been filed and applicant has been arrested. Hence, this bail application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that there is no recovery made of the alleged contraband from the possession of the present applicant. He further submits that only on the basis of suspicion, he has been arrested by 3 the Police. He further submits that the seizure of heroine made from the applicant and co-accused persons i.e, 13.03 gram as alleged in the charge-sheet which is less than commercial quantity as per the schedule 1 of the NDPS Act. It is further submitted that there are no any criminal antecedents of the applicant, and he is in jail since 05.12.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there are no any criminal antecedents of the applicant. It is submitted that the seizure of heroine made from the the applicant and co-accused persons i.e,13.03 gram as alleged in the charge-sheet which is less than commercial quantity as per the schedule 1 of the NDPS Act, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Psychotropic Substance i.e.,heroine made from the applicant and co-accused persons i.e, 13.03 gram as alleged in the charge-sheet which is less than commercial quantity as per the schedule 1 of the NDPS Act. Also considering the fact that charge-sheet has been filed, and further that the applicant is in jail since 05.12.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant, Mritunjay Dubey, involved in Crime No. 4 279/2025, registered at Police Station Raipur (C.G.) for the offence punishable under Section 20(B), 25, Saraswati Nagar, District 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act and Section 111 of Bhartiya Nyay Sanhita, 2023, be released on bail on their furnishing a 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 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) 5 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 and proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali