1 2026:CGHC:24109 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3699 of 2026 Trivikram Patel @ Montu S/o- Shri Luknath Patel Aged About 26 Years R/o- Ward No. 12, Kantabanjhi, Police Station- Kantabanjhi, District- Balangir (Odisha) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Komakhan, District - Mahasamund (C.G.) ...Non-applicant For Applicant : Mr. Divyansh Shukla, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.06.2026 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. 29/2026 registered at Police Station - Komakhan, District - Mahasamund, (C.G.) for the offence under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act. 2. The prosecution case, in brief, is that on 06/03/2026 police officials VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.17 14:57:45 +0530 2 allegedly received information from the informant that three persons having kept Ganja, were coming from Odisha towards Chhattisgarh on their mobikes. Upon this report the police reached NH 353 main road, and set up a blockade. After some time, a scooty Jupiter and motorcycle matching the description given by the informant was seen approaching. Which was stopped and on Searching, 10 Kg of contraband has been recovered from the co- accused. The alleged contraband was seized and seizer memo was prepared on the spot and applicant was taken into the custody and FIR was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. It is submitted that the applicant has not committed any of the offences alleged against him and has been roped into the case without any legally admissible evidence. It is submitted that the alleged contraband was neither recovered from the conscious nor exclusive possession of the applicant. In fact, no contraband was recovered from the applicant and he was not present at the place of occurrence. The applicant has been implicated solely on the basis of the memorandum statement of a co-accused person, which by itself does not constitute substantive evidence against him. The applicant has no criminal antecedents whatsoever, including under the NDPS Act, and has been falsely implicated on the basis of a doubtful seizure memo prepared by the police. It is further submitted that although the alleged seizure is shown to have been effected at a public place, no independent and reliable witness has supported the prosecution version. The mandatory provisions of the NDPS Act relating to search, 3 seizure and sampling have not been complied with in their true spirit, and no independent witnesses were properly associated during the proceedings. The applicant did not participate in the alleged offence and has been arrested merely on the basis of suspicion. He has remained in judicial custody since 06.03.2026, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge- sheet has already been filed before the competent Court. It is further submitted that a report regarding the criminal antecedents of the applicant has been called for from the State of Odisha however, the same has not yet been received, therefore, the 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 facts and circumstances of the case, particularly the fact that the contraband allegedly recovered is less than the commercial quantity prescribed under the NDPS Act, and further considering that the charge-sheet has already been filed before the competent Court, the applicant has remained in jail since 25.03.2026, and the conclusion of the trial is likely to take considerable time, this Court is of the considered opinion that the applicant is entitled to be enlarged on bail in the present case. 7. 7. Let the Applicant - Trivikram Patel @ Montu, involved in Crime No. 29/2026 registered at Police Station - Komakhan, District - Mahasamund, (C.G.) for the offence under Sections 20(B) of the 4 Narcotic Drugs and Psychotropic Substances Act, 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 she 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 her absence, without sufficient 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 her, 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 concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice vaibhav