1 CGHC010230082026 2026:CGHC:31296 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5617 of 2026 1 - Siddhu Bagh S/o Dilip Bagh Aged About 30 Years Resident Of Trimurty Nagar, Near Aatmanand School, P.S. Devendra Nagar, District Raipur Chhattisgarh 2 - Rohit Kumar S/o Niran Kumar Aged About 25 Years Resident Of Kaling Nagar, Near Fci Godown, P.S. Gudhiyari, District Raipur Chhattisgarh ... Applicants versus State Of Chhattisgarh Through- Station House Officer, Police Station Gudhiyari, Raipur, District Raipur (C.G.) ... Non-Applicant For Applicants : Shri CR Sahu, Advocate. For Non-Applicant : Shri SS Baghel, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22/07/2026 1. This is the first bail application 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.123/2026 registered at Police Station Gudhiyari, District KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.23 19:18:43 +0530 2 Raipur (C.G.) for the offence under Section 22 (b) of the NDPS Act and under Section 25 of the Arms Act. 2. The prosecution case, in brief, is that the concerned police has received secret information from the informant that unknown persons are illegally possessing banned medicines for sale. Thereafter the police has conducted a raid and seized Nitrazepam of Nitrasun brand tablets IP 10 mg, total 39 strips each, totalling 390 tablets weighing 218.4 gram from possession of applicant No.2, and seized Nitrazepam tablets IP 10 mg, total 29 strips each contained 10-10 tablets and 1 strip of 6 nag total 286 tablets, weighing 160.16 gram from possession of applicant No.1. Thereafter the FIR was registered against the applicants. Hence the bail application. 3. It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the crime. The prosecution has not complied with the mandatory provisions of the NDPS Act and the applicants have not committed any offence. The applicants do not have any criminal antecedents. They are in jail since 21.3.2026. Therefore, the applicants may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicants do not have any criminal antecedents, and the charge sheet has been submitted against the applicants. 3 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 charge sheet has already been submitted against the applicants, the applicants do not have any criminal antecedents, they are in jail since 21.3.2026, further considering the quantity of seized tablets, which appears to be intermediate quantity 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. 7. Let the Applicant – Siddhu Bagh & Rohit Kumar, involved in Crime No.123/2026 registered at Police Station Gudhiyari, District Raipur (C.G.) for the offence under Section 22 (b) of the NDPS Act and under Section 25 of the Arms 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, 4 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 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. 8. 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