1 CGHC010185642026 2026:CGHC:29008 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4379 of 2026 • Khurshed Alam S/o Shri Sarafraj Khan, Aged About 24 Years R/o Q. No. 53/ D, K.L.C, Zone-02, Ward 31, Sector-11, Khursipar, Bhilai, Distt. Durg (C.G.) (All These Details Not Mentioned In The Impugned Order) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station- Mohan Nagar, Distt. Durg (C.G.) ( In The Impugned Order State Of C.G. Through Police Station Only Mentioned ) ... Respondent(s) For Applicant(s) : Ms. Neeta Tulsani Thawani, Advocate For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.101/2026 registered at Police Station, Mohan Nagar, District-Durg (C.G.), for the offence punishable under Section 8, 22, 27(A) of NDPS Act. 2. Case of the prosecution, in brief, is that on 30.1.2026 Keshav Ram Kosle, Inspector, PS-Mohan Nagar, Durg received a secret information that Nitesh Yadav, resident of Shanti Nagar, Durg is having VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.13 18:52:53 +0530 2 prohibited intoxicating tablets illegally and selling the same at Dhamdha Road, Sabji Mandi, Durg. The police party reached there and caught Nitesh Yadav and on search being made, 13 stripes of ALPRAJOLAM Tablet IP 0.5 MG (OHMS ALPHA 0.5), total 195 tablets, weighing 38.65 gram, two mobile phones and cash of Rs.500/- were seized from his possession. In his memorandum he disclosed that the applicant is also involved in illegal activity of selling such drugs. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case merely on the basis of memorandum statement of co-accused Nitesh Yadav wherein he stated about involvement of the present applicant in this crime. She further submits that applicant is in jail since 31.01.2026 and conclusion of the trial may take quite long time. Accordingly, she prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has not been filed in the present case. She further submits that the quantity of contraband article i.e.,13 stripes of ALPRAJOLAM Tablet IP 0.5 MG (OHMS ALPHA 0.5), total 195 tablets, weighing 38.65 gram, two mobile phones and cash of Rs.500/- were seized from the possession of the co-accused, namely Nitesh Yadav, which is less then commercial quantity and upon his memorandum statement name of the applicant came into light as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of contraband article i.e., 3 13 stripes of ALPRAJOLAM Tablet IP 0.5 MG (OHMS ALPHA 0.5), total 195 tablets, weighing 38.65 gram, two mobile phones and cash of Rs.500/- were seized from the possession of the co-accused, namely Nitesh Yadav, which is less then commercial quantity and upon his memorandum statement name of the applicant came into light, and applicant is in jail since 31.01.2026 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, Khurshed Alam, involved in Crime No.101/2026 registered at Police Station, Mohan Nagar, District-Durg (C.G.), for the offence punishable under Section 8, 22, 27(A) of 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 court shall initiate proceedings against him, in 4 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/- Sd/- (Ramesh Sinha) Chief Justice Vaishali