1 2026:CGHC:21406 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4243 of 2026 Yogesh Kumar Dewangan S/o Krishna Kumar Dewangan Aged About 36 Years R/o Kankalinpara, Simga, District Balodabazar-Bhatapara Chhattisgarh ... Applicant versus State of Chhattisgarh Through P.S. Simga, District Balodabazar-Bhatapara Chhattisgarh ... Non-applicant For Applicant : Mr. Kamlesh Patel, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.05.2026 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. 139/2026 registered at Police Station Simga, District – Balodabazar-Bhatapara (C.G.) for the offence under Section 21 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution case, in brief, is that on 03.04.2026, the police of Police Station Simga allegedly received secret information from an informer to the effect that the owner of Jai Maa Sharda Medical Hall was illegally stocking and selling narcotic/NDPS substances in the form of tablets, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.05.08 13:13:13 +0530 2 injections, and syrups. Acting upon the said information, the police authorities conducted a preliminary operation, wherein a duly marked currency note of Rs. 500/- was handed over to one Udit Narayan Pal, who was directed to visit the said medical store and purchase the alleged contraband substance. It is alleged that upon visiting the shop, the said witness purchased certain tablets for a sum of Rs. 400/-, and the remaining amount of Rs. 100/- was returned to him. Thereafter, the police party immediately reached the premises, disclosed their identity, and conducted a search after serving due notice. During the course of the search, the following articles are alleged to have been recovered and seized: (i) ULTRANICE tablets contained in a white polythene packet, packed in four separate sheets (including one sheet handed over to the witness), each sheet comprising 15 tablets, totalling 60 tablets, (ii) Contramal-100 (Tramadol Injection BP), consisting of 40 injections of 2 ml each, aggregating to 80 ml, and (iii) PLANOKUF NEW syrup (containing Codeine Phosphate and Triprolidine Hydrochloride), comprising 6 bottles of 100 ml each, aggregating to 600 ml. It is further alleged that the marked currency note of Rs. 500/- was recovered from the possession of the present applicant. On the basis of the aforesaid recovery and seizure, an offence under Section 21(b) of the NDPS Act was registered against the applicant, and he was arrested. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He submits that the alleged contraband articles are of intermediate quantity. He further submits that the applicant is a duly licensed medical vendor and holds valid licences authorizing him to stock, sell, and purchase medicines falling under Schedule H and H1. He also submits that the present applicant has no criminal antecedents and has been in custody since 3 04.04.2025. As the conclusion of the trial is likely to take considerable time, he therefore prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the fact that the alleged contraband is of intermediate quantity, the applicant is a duly licensed medical vendor holding valid licenses for stocking, selling, and purchasing medicines under Schedule H and H1, and further considering that the applicant has no criminal antecedents, this Court is of the considered opinion that the applicant has made out a case for grant of regular bail. Moreover, the applicant has been in custody since 04.04.2025, and the conclusion of the trial is likely to take considerable time. Therefore, this Court is inclined to allow the present bail application. 7. Let the Applicant - Yogesh Kumar Dewangan, involved in Crime No. 139/2026 registered at Police Station Simga, District – Balodabazar- Bhatapara (C.G.) for the offence under Section 21 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 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 4 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 sufÏcient 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 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 sufÏcient 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. OfÏce 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 Abhishek