1 CGHC010251612026 2026:CGHC:30627 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6402 of 2026 Sultan Ali S/o- Late Asgar Ali Aged About 26 Years Cast Musalman, R/o- Village Aklasarai P S And Tahsil Sonhat, District- Korea (C.G.) (In The Copy Of The Order Sheet, The Word Late Mistakenly Omitted Before The Name Of The Asgar Ali) (And The Date Of The Arrest Has Been Incorrectly Recorded As 28/03/2025 In Trial Court Order-Sheet, Whereas It Should Have Been The Date Of The Order, 28/03/2026) (Additionally, Section 22 (C), And 29 Of The N D P S Act Incorrectly Recorded On Page Numbers 12, Section 29, As Well As On Page 13, Of The Trial Court's Order Sheet) ... Applicant(s) versus State Of Chhattisgarh Through S H O, P S Sonhat, District- Korea (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ghanshyam Sharma, Advocate appeared through video conferencing. For Respondent(s) : Mr. S.S. Baghel, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for 2 grant of regular bail to the applicant who has been arrested in connection with Crime No. 29/2026 registered at Police Station Sonhat, District- Korea (C.G.) under Section 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of concerned Police Station seized 36 Spasmo Proxyon narcotic tablets from the possession of the co-accused, Jamahir Khan, which led to the registration of alleged offecne against the said co-accused and subsequently, the said co-accused was arrested, thereafter, during the course of investigation on the basis of memorandum statement of said co-accused, present applicant was also arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband substance was not seized from the exclusive possession of the applicant. He further submits that no seizure of any contraband substance has been made from the possession of the present applicant, as the alleged recovery of contraband has been made from the possession of main accused, Jamahir Khan, whereas the name of present applicant has come into light from the memorandum statement of the said co-accused. He also submits that the applicant has no criminal antecedent and he is in jail since 28.03.2026 and the conclusion of the trial is likely to take quite 3 long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedent. Further she admits the fact that the main accused in the present case is Jamahir Khan, from whose possession alleged seizure of contraband substance has been made and the name of present applicant has come into light from the memorandum statement of said co-accused. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that the applicant has no criminal antecedent and the fact that the main accused in the present case is Jamahir Khan, from whose possession the alleged contraband substance has been recovered and seized, the involvement of the present applicant has surfaced only on the basis of the memorandum statement of the said co-accused, further the charge-sheet has been filed in the present case before the competent Court, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 4 8. Let the Applicant - Sultan Ali, involved in Crime No. 29/2026 registered at Police Station Sonhat, District- Korea (C.G.) under Section 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on his furnishing 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 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) 5 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Akhil