1 2026:CGHC:6278 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1194 of 2026 Omkar @ Rinku Sonwani S/o Lachhindar Sonwani Aged About 32 Years R/o Golamal, P.S. Deobhog, District Gariyaband C.G. ... Applicant(s) versus State Of Chhattisgarh Through SHO Police Station Mainpur, Gariyaband, District Gariyaband C.G. ... Non-Applicant(s) For Applicant : Mr. Rajesh Kumar Tiwari, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/02/2026 1. This is the First bail application 6led 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. 67/2025 registered at Police Station- Mainpur, District- Gariyaband (C.G.), for the o<ence punishable under Section 22(B) of NDPS Act. 2. As per the prosecution story, on 25.06.2025, the police received secret information from an informant that a person was present near Jhariya Bahra Tiraha, 130C Main Road, on a black Hero Splendor KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Plus motorcycle bearing registration No. CG-23 N 5056. He was carrying a yellow-coloured bag containing contraband narcotic drugs and was waiting for a customer. This information was recorded in the Rojnamcha, following which the police party proceeded to the spot. Upon inquiry, the suspect disclosed his name as Omkar @ Rinku Sonwani. He further stated that he used to purchase narcotic drugs without any prescription from a medical shop located at Gandabahali, P.S. Sinapali, District Nuapada, Odisha, owned by Devashish Mehar @ Pappu Mehar. During the search, the police recovered the following substances from his possession: Alprazolam Tablets IP 0.5 mg (Becalm 0.5 mg), 50 strips containing 749 tablets, total weight 121.14 mg; Nitrazepam Tablets IP 10 mg, 9 strips containing 89 tablets, total weight 64.51 mg; 6 ampoules of Pentazocine Lactate Injection, total weight 15.6 mg and Kofurex syrup (100 ml), total 185.65 mg. Accordingly, a case was registered against the applicant and he was arrested. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case and that the allegations levelled against him are false, baseless, and malicious. It is contended that the applicant has neither committed nor participated in any act constituting the alleged o<ence and the contraband articles were not seized from his exclusive possession. It is further submitted that the applicant is the sole earning member of his family and his continued incarceration serves no useful purpose, particularly when the investigation has been completed and the charge-sheet has already 3 been 6led. The applicant has been in judicial custody since 25.06.2025, and the conclusion of the trial is likely to take considerable time. It is also pointed out that the co-accused, Debashish Mehar, has already been granted bail by this Court vide order dated 30.10.2025 passed in M.Cr.C. No. 6972/2025 therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel, appearing for the State/non-applicant opposes the the prayer for grant of bail and submits that the quantity of contraband article which is said to have been separately recovered from the possession of the applicant is less than commercial quantity, further the applicant has three previous criminal antecedent as explained in the bail application of para No.4(a) but no case has been registered under the NDPS Act except present case. However, looking to the seriousness of this case, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the fact and circumstances of the case, nature and gravity of o<ence levelled against the applicant and the fact that in the present case, charge-sheet has been 6led before the competent Court and the applicant has three previous criminal antecedents as explained in the bail application of para No.4(a) and no case has been registered under the NDPS Act except present case however, the quantity of contraband article which is said to have been recovered from the possession of the applicant, is less than commercial quantity and further considering the fact that one 4 of the co-accused namely Debashish Meher has already been granted bail by this Court in MCRC No. 6972/2025, vide order dated 30.10.2025 thus, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Omkar @ Rinku Sonwani, involved in Crime No. 67/2025 registered at Police Station- Mainpur, District- Gariyaband (C.G.), for the o<ence punishable under Section 22(B) of NDPS Act, be released on bail on his 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 6le an undertaking to the e<ect that he shall not seek any adjournment on the dates 6xed 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 6xed, either personally or through his counsel. In case of his absence, without suFcient 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 5 the date 6xed 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 6xed 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 suFcient 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. 9. OFce is directed to send a certi6ed copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal