1 CGHC010187162026 2026:CGHC:28963 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4356 of 2026 • Tansen Nagvanshi, S/o- Late Nanki Ram Nagvanshi, Aged About 32 Years R/o- Village- Mudagaon Khursideepa. P. S. Lailunga, District- Raigarh (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station- Lailunga, District- Raigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Kamlesh Patel, Advocate For Respondent(s) : Mr. Soumya Rai, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 96/2026, registered at Police Station – Lailunga, District – Raigarh (C.G.) for the offence punishable under Section 8(b), 15, 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story, in brief, is that 23-03-2026 at about 17:00 hrs, based on an informant's tip-off, a police team of P.S. Lailunga VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.10 18:46:46 +0530 2 raided an agricultural field at Village Mudagaon Khursideepa. It is alleged that the applicant was found cultivating Opium Poppy in an area of 0.081 hectares. The police allegedly seized approximately 4 Kilograms of Opium Poppy plants (Afeem Posta), consisting of wet plants, roots, and cut residues which is valued at around Rs. 20,00,000/- from the spot. Hence, FIR has been registered against the applicant. 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 submitted that the charge sheet has not been filed in this case. It is alleged that the applicant was found cultivating Opium Poppy in an area of 0.081 hectares. The police allegedly seized approximately 4 Kilograms of Opium Poppy plants (Afeem Posta), consisting of wet plants, roots, and cut residues which is valued at around Rs. 20,00,000/- from the spot. It is further submitted that there are no any criminal antecedents of the applicant, and he is in jail since 23.03.2026 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 the charge-sheet has not been filed in the present case and there is no any criminal antecedents of the applicant. It has been reported that the applicant was found cultivating opium poppy over an area of 0.081 hectares. The police allegedly seized approximately 4 kilograms of opium poppy plants comprising wet plants, roots, and cut remnants from the site, valued at around 20,00,000, therefore, applicant is not entitle for bail. ₹ 5. I have heard learned counsel for the parties and perused the material 3 available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the fact that applicant has no any criminal antcedent and he is in jail since 23.03.2026 and the conclusion of the trial is likely to take sometime, detention period of the applicant I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant, Tansen Nagvanshi, involved in Crime No. 96/2026, registered at Police Station – Lailunga, District – Raigarh (C.G.) for the offence punishable under Section 8(b), 15, 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, be released on bail on their 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 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 the date fixed in such proclamation, then, the trial 4 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 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 vaishali