1 CGHC010291902026 2026:CGHC:32914 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6888 of 2026 1 - Shashank Tandekar S/o Babulal Tandekar, Aged About 28 Years R/o - Adarsh Nagar, Gali Number 03, District Raipur, C.G. --- Applicant(s) versus 1 - State of Chhattisgarh Through S H O P. S. Gudhiyari, District Raipur (C.G.) --- Respondent(s) For Applicant(s) : Mr. Lukesh Kumar Mishra, Advocate For Respondent(s)/State : Mr. Sourabh Sahu, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the applicant, who is in judicial custody in connection with Crime No. 220/2026 registered at Police Station Gudhiyari, District Raipur RUCHI YADAV Digitally signed by RUCHI YADAV 2 (Chhattisgarh), for the offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, acting on secret information regarding the possession of a narcotic substance, the investigating officer conducted a raid at the CSEB Ground, Culling Nagar, Gudhiyari, and allegedly recovered 2.69 grams of MDMA from the possession of the applicant. Thereafter, the applicant was arrested on the same day, i.e., 23.05.2026 and was produced before the concerned Court, which remanded him to judicial custody. Since then, the applicant has remained in judicial custody. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the charge-sheet has already been filed. It is further submitted that the applicant has no criminal antecedents and has been in judicial custody since 23.05.2026. Learned counsel also submits that the alleged contraband recovered from the possession of the applicant is of intermediate quantity. It is contended that the trial is likely to take considerable time to conclude and, therefore, no useful purpose would be served by keeping the applicant in further judicial custody. Accordingly, it is prayed that the applicant be enlarged on regular bail. 4. Per contra, learned State counsel opposes the bail application and submits that though the charge-sheet has already been filed and the alleged contraband is of intermediate quantity, considering the material collected during investigation, the applicant is not entitled to the benefit of regular bail. 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, particularly the fact that the applicant has been in judicial custody since 23.05.2026, the charge-sheet has already been filed, the applicant has no criminal antecedents, the alleged contraband recovered from the possession of the applicant is of intermediate quantity and the trial is likely to take considerable time to conclude, this Court is of the opinion that further custodial detention of the applicant is not warranted at this stage. Without expressing any opinion on the merits of the case, this Court is inclined to allow the present bail application. 7. Accordingly, the bail application is allowed. Let the Applicant – Shashank Tandekar involved in Crime No. 220/2026 registered at Police Station Gudhiyari, District Raipur (Chhattisgarh), for the offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on 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. 4 (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) 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt 5 of this order in accordance with law, if there is no legal impediment. 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 Ruchi