1 CGHC010180272026 2026:CGHC:28557 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4246 of 2026 Avinash Kumar S/o Ramashrya Singh Aged About 30 Years R/o Notary Nagar, Tatibandh C- Block, 12, Police Station Amanaka, Raipur District Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Khamtarai, District Raipur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. C.R. Sahu, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.120/2026, registered at Police Station- Khamtarai, District Raipur (C.G.) for the offence punishable under Section 22(B) of the Narcotic Drugs and Psychotropic Substances Act, MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2026.07.10 11:12:16 +0530 2 1985 (for short, the ‘NDPS Act’). 2. The prosecution case, in brief, is that on 20.02.2026, the police of Police Station Khamtarai, Raipur, acting on secret information, conducted a search behind High Tech Parking, Ring Road No. 2, within its jurisdiction, where the applicant and co-accused persons were allegedly found in possession of prohibited psychotropic substances. During the search, the applicant was allegedly found carrying 20 strips of Nitrazepam Tablets IP containing 200 tablets weighing 145.30 grams, while similar quantities were recovered from the possession of the co-accused, along with 100 Nitrazepam tablets weighing 72.59 grams from another co- accused. Further, 7 strips of Spasmo Proxyvon Plus weighing 43.28 grams were allegedly recovered from the dickey of a Suzuki motorcycle bearing registration No. CG-04-QF-9783. On the basis of the said recovery, Crime was registered against the applicant and the co-accused for the offence punishable under Section 22(b) of the NDPS Act. After completion of investigation, the charge-sheet has been filed before the competent Court and the applicant has remained in judicial custody since 20.02.2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has no nexus with the alleged offence. It is contended that no offence under the NDPS Act has been committed by the applicant and that the case has been registered merely on suspicion during 3 vehicle checking. It is further submitted that the mandatory provisions of the NDPS Act were not complied with during search and seizure, rendering the prosecution case doubtful. Learned counsel argues that the alleged recovery is from the joint possession of the applicant and the co-accused, and the quantity individually attributable to the applicant is below the commercial quantity. It is further submitted that the applicant has no criminal antecedents, has been in judicial custody since 20.02.2026, and the investigation has been completed with the filing of the charge- sheet. As the trial is likely to take considerable time to conclude hence, it is prayed that the applicant be enlarged on bail. 4. Learned counsel for the State opposes the bail application of the applicant and also the submissions advanced by learned counsel for the applicant, but admits that the charge-sheet has already been submitted and the quantity of contraband article seized from the applicant is of intermediate quantity. 5. Heard learned counsel for the parties and perused the case diary. 6. After hearing learned counsel for the parties as well as considering the fact that from the possession of the present applicant, intermediate quantity of contraband article has been seized, applicant has no previous criminal antecedent, charge- sheet has been filed and the conclusion of the trial is likely to take sometime, and further that the applicant is in jail since 20.02.2026, I am of the opinion that the applicant is entitled to be released on bail in this case without commenting on the merits of 4 the case. 7. Let applicant, Avinash Kumar, involved in Crime No.120/2026, registered at Police Station- Khamtarai, District Raipur (C.G.) for the offence punishable under Section 22(B) of the Narcotic Drugs and Psychotropic Substances 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 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 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 sufficient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita is issued and the applicant fails to appear 5 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 Section 209 of 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Manpreet