1 CGHC010169432026 2026:CGHC:29719 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4011 of 2026 Shani Tandan @ Honey S/o. Amritlal Tandon Aged About 22 Years R/o. Satnami Para, Purana Talab Par, P.S. New Rajendra Nagar, Raipur, District- Raipur (C.G.) --- Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Civil Lines, District- Raipur (C.G.) --- NOn-Applicant MCRC No. 5279 of 2026 Durgesh Mahanand @ Fula S/o Late Bhole Mahanand Aged About 30 Years R/o Krishna Kirana Store Ke Pass, Gandhi Nagar, Thana Civil Line, Raipur, District Raipur (C.G.) ---Applicant Versus State Of Chhattisgarh Through- Police Station Civil Line, Raipur District Raipur (C.G.) --- Non-Applicant For Applicant in MCRC No.4011/26 : Shri YC Sharma, Sr. Advocate with Shri Aishwary Diwan, Advocate. For Applicant in MCRC No.5279/26 : Shri Vikas Kumar Pandey, Advocate. For Non-Applicant : Shri SS Baghel, GA. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.15 19:45:10 +0530 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14/07/2026 1. Since the aforesaid bail applications arise out of same crime number, they are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.67/2026 registered at Police Station Civil Lines, District Raipur (C.G.) for the offence under Section 22 (b) of the NDPS Act.. 3. The prosecution case, in brief, is that on 3.2.2026, on the basis of information received from the informant, the concerned Police conducted a raid and found 2 persons near Manikarnika Muktidham were having psychotropic tablets. The police arrested the accused persons and seized 80 pieces of Nitrosun-10 Nitrazepam Tablets. From the co-accused, the police seized 54 pieces (45.83 gm) and from accused – Shani Tandon, the police has seized 26 pieces (19.16 gm). Accordingly, FIR was registered against the applicants. Hence the bail application. 4. It has been argued by learned Senior Counsel for the applicants that the applicants are innocent and have been falsely implicated in the crime. The trial Court did not consider the quantity prescribed in the NDPS Act of Nitrosun-10 Nitrazepam tablet is 20 grm to 500 gm and the quantity seized from the applicants is 3 less than small quantity, as the total weight of tablet seized is 64.99 grams, which is between small and commercial quantity. The applicants are in jail since 3.2.2026. Therefore, the applicants may be released on bail. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail applications and submit that the applicant in MCRC No.5279/2026 has one criminal antecedent registered against him under the IPC, and the charge sheet has been submitted against the applicants. Therefore, the bail applications may be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicants, the applicant in MCRC No.5279/2026 has one criminal antecedent registered against him under the IPC, further considering the quantity of tablets seized from the applicants, which appears to be between small and commercial quantity, and that they are in jail since 3.2.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicants are entitled to be released on bail in the present case. Accordingly, the Applications are allowed. 8. Accordingly, the Applications are allowed. 8. Let the Applicants – Shani Tandan @ Honey & Durgesh Mahanand @ Fula, involved in Crime No.67/2026 registered at 4 Police Station Civil Lines, District Raipur (C.G.) for the offence under Section 22 (b) of the NDPS Act, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their 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 applicants misuse 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 5 Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 9. 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 Barve