1 2026:CGHC:24668 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4902 of 2026 Nitesh Pandey S/o Shri Sallu Pandey Aged About 26 Years R/o Teacher Colony, Station Ward No. 13, Police Out Post Chikhali, Police Station - Kotwali, District - Rajnandgaon (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Kotwali, District - Rajnandgaon (C.G.) ... Non-Applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.06.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 139/2026, registered at Police Station – City Kotwali, District - Rajnandgaon (C.G.) for the offence punishable under Sections 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story, in brief, is that on 03.03.2026, Inspector Nandkishore Gautam of Police Station Kotwali allegedly received secret information from an informant that two persons from Durg were illegally selling narcotic tablets near the C.I.T. Bypass situated on Lakholi Road, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.06.19 16:35:17 +0530 2 Rajnandgaon. Acting upon the said information, the police conducted a raid and apprehended the present applicant along with the co-accused, namely Adil Ahmed and Nitesh Pandey. During the search of co-accused Adil Ahmed, 10 strips of Nitromec-10 (Nitrazepam) tablets were recovered, each strip containing 10 tablets, making a total of 100 tablets weighing 77.60 grams. Upon the search of the present applicant, 32 strips of Alprazolam tablets were recovered, comprising a total of 480 tablets weighing 98.40 grams. Thus, narcotic tablets weighing a total of 176 grams were recovered from the possession of the accused persons. When called upon to produce documents authorizing their possession of the said medicines, neither the applicant nor the co-accused could produce any valid documents. Consequently, the aforesaid narcotic tablets were seized from their possession, and FIR bearing Crime No. 139/2026 was registered at Police Station Kotwali for the offence punishable under Section 21(b) of the NDPS Act. After completion of the investigation, the charge-sheet was filed before the learned Special Judge. 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 further submitted that the charge-sheet has been filed and there is no previous criminal antecedents of the applicant and he is in jail since 03.03.2026 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 a total quantity of alleged contraband substance which has been recovered from the possession of the applicant, is less than the commercial quantity and also endorse the fact 3 that the applicant has no previous criminal antecedents. 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 alleged contraband substance which has been recovered from the possession of the applicant, is less than the commercial quantity, also considering the fact that charge-sheet has been filed and there is no previous criminal antecedents, further, that the applicant is in jail since 03.03.2026 and the conclusion of the trial is likely to take sometime, this Court is of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let applicant - Nitesh Pandey involved in Crime No. 139/2026, registered at Police Station – City Kotwali, District - Rajnandgaon (C.G.) for the offence punishable under Sections 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, be released on bail on her 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 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 her under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 her 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 Preeti