1 CGHC010152982026 2026:CGHC:28022 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3751 of 2026 Nageshwar Yadav S/o Murari Yadav Aged About 22 Years R/o Village - Lalaya Ps Kamleshwarpur, District- Sarguja (C.G.) ...Applicant versus State Of Chhattisgarh Through S.H.O. Basantpur Balrampur District- Balrampur-Ramanujganj (C.G.) ...Non-applicant For Applicant : Mr. Awadh Tripathi, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.07.2026 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. 193/2025 registered at Police Station – Basantpur District – Balrampur-Ramanujganj (C.G.) for the offence under Section 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act. 2. The prosecution story, in brief, is that on October 16, 2025, Assistant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.07 18:06:34 +0530 2 Sub-Inspector Pushpraj Singh of Basantpur received information from an informant that three people in a white Innova Crysta car, numbered UP 70 ED 7182, were heading towards Wadrafnagar to sell the psychotropic drug Codext cough syrup and the accompanying staff and witnesses arrived in front of the Wadrafnagar main road police post and waited forthe Innova car, when the Innova car, numbered UP 70 ED 7182, arrived, it was surrounded and stopped. When the suspects were asked for their names, they gave their names as Nageshwar Yadav, Atul Yadav, and Sugreev alias Pintu Yadav. After necessary action, the car was searched. On searching the trunk of the car, narcotic cough syrup kept in 5 cartons was recovered and recovery panchnama and identification panchnama were prepared. 195 bottles of Codexts TR cough syrup of 100 ml capacity kept in 2 cartons and Innova Crysta car number UP 70 ED 7182 were seized from the possession of accused Nageshwar Yadav, 200 bottles of Codexts TR cough syrup of 100 ml capacity kept in 2 cartons were seized from the possession of Atul Yadav and 100 bottles of Codexts TR cough syrup of 100 ml capacity kept in 1 carton were seized from the possession of Sugreev alias Pintu. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any offence as alleged. It is contended that no contraband was recovered from the conscious and exclusive possession of the applicant and that the prosecution has failed to establish his involvement in the alleged offence. Learned counsel further submits that the applicant was merely driving the vehicle on the date of the incident and had no knowledge of the contraband allegedly 3 kept in the vehicle by the co-accused. It is also submitted that the applicant has no criminal antecedents and has not directly or indirectly participated in the commission of the alleged offence. The applicant is the sole earning member of his family and his continued incarceration would cause severe financial hardship to his dependent family members. It is further submitted that the applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready to abide by all such terms and conditions as may be imposed by this Court. Hence, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant vehemently opposes the bail application and submits that a contraband article, namely a total of 200 bottles of 100 ml Codex TR Cough Syrup, including one box labeled Sugriv@ Pintu containing 100 bottles of 100 ml Codex TR Cough Syrup, has been seized from the possession of the applicant. It is further submitted that the applicant has three prior criminal antecedents. Therefore, in view of the nature and gravity of the offence, the applicant is not entitled to the grant of regular 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, the nature and gravity of the allegations levelled against the present applicant, and the fact that the co-accused, namely Rajkumar Yadav @ Raju has already been granted regular bail by this Court in MCRC 4 No. 9889 of 2025 vide order dated 30.01.2026, and further considering that the charge-sheet has already been filed before the competent Court, that the applicant has been in judicial custody since 16.10.2025, and that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant - Nageshwar Yadav involved in Crime No. 193/2025 registered at Police Station – Basantpur District – Balrampur- Ramanujganj (C.G.) for the offence under Section 21(C) and 29 of the 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 5 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