1 CGHC010157982026 2026:CGHC:28941 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3867 of 2026 Prince Bole @ Gole S/o Chandrapraksh Bole Aged About 20 Years R/o Village Nayapara, Dayalband, Police Station City Kotwali, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer Police Station City Kotwali, Bilaspur, District Bilaspur (C.G.) ... Respondent For Applicant : Mr. Pradeep Rajgir, Advocate. For Respondent : Mr. Shubham Bajpai, Panel Lawyer. 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. 76/2026 registered at Police Station – City Kotwali, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections 21, 22 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act) 2. The prosecution story, in brief, is that on 30.01.2026, a secret information was received by the Police of Police Station – Bilaspur, District Bilaspur (C.G.) through the informant and on the basis of such 2 information, a raid was conducted and seized 02 strips of NRx Nitrazepam Tablets IP Nitrazascem (each strips 10 tablets = 20 tablets (5.48 Gram) and 07 strips of Nrx Nitrazepam Tablest IP Nitrzascem (each strips 10 tablets = 70 tablets), total 49.00 GM from the possession of the applicant. Based on which, FIR was registered. 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 been filed in this case. It is submitted that from the possession of intermediate quantity of the psychotropic substance Nitrazepam Tablets has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 250 gms whereas from the possession of the applicant only 49.00 grams of aforesaid psychotropic substance has been seized. It is further submitted that there are no any criminal antecedents of the applicant, and he is in jail since 30.01.2026 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 prayer for grant of bail to the applicant. 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 psychotropic substance Nitrazepam Tablets from the possession of the applicant i.e. a total of 3 49 grams, which is less than the commercial quantity. Also considering the fact that the charge-sheet has been filed in this case, and further that the applicant is in jail since 30.01.2026 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant, Prince Bole @ Gole involved in Crime No. 76/2026 registered at Police Station – City Kotwali, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections 21, 22 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 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 court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya 4 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. SdSd Sd/- SSdSd Sd/- (Ramesh Sinha) Chief Justice AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.07.13 15:05:03 +0530