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2026 DAILYLAW 30470 (CHH)

RAVIN YADAV v. STATE OF CHHATTISGARH

MCRC/6400/2026 · 2026-08-02

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Judgment text

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1 CGHC010272052026 2026:CGHC:33623 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6400 of 2026 Ravin Yadav S/o Kailash Yadav Aged About 27 Years R/o Krishak Nagar Bhatha Odiya Mohalla Jora, P.S. Telibandha, District Raipur C.G. ... Applicant Versus State Of Chhattisgarh Through- Station House Office Police Station Telibandha Raipur District Raipur C.G. ... Respondent(s) For Applicant(s) : Mr. Bharat Lal Sahu, Advocate For Respondent(s) : Mr. Shailendra Sharma, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.08.03 18:08:47 +0530 2 grant of regular bail, as he has been arrested in connection with Crime No. 203/2026, registered at Police Station – Telibandha, Raipur, District – Raipur (C.G.) for the offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution story, the concerned Police Station Telibandha, Raipur, received secret information through an informant that on the date of the incident, i.e., 05.05.2026, an unknown person was in possession of illegal banned medicines with an intention to sell the same near Jora Water Tank. Pursuant thereto, the police seized IP Nitrotion-10 tablets, total 48 in number, from the possession of another accused, and seized Nitrazepam Tablets IP Nitrotion-10, total 55 in number, from the possession of the present applicant. Thus, a total of 103 tablets, weighing 59.74 grams, were seized from the place of incident, which was an open place. Consequently, the police registered an offence punishable under Section 22(b) of the N.D.P.S. Act against the applicant and other co-accused persons. A copy of the FIR is being annexed herewith as Annexure A-2. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and he is in incarceration since 05.05.2026. He 3 further submits that the quantity of seized contraband from the possession of present applicant is 59.74 grams i.e. below the commercial quantity, charge-sheet has been filed and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent court. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of contraband substance seized from the possession of the applicant i.e., a total of 59.74 grams, which is less than commercial quantity. Also considering the fact that charge- sheet has been filed, and further that the applicant is in jail since 05.05.2026 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- Ravin Yadav involved in Crime No. 203/2026, registered at Police Station – Telibandha, Raipur, District – Raipur (C.G.) for the offence punishable under 4 Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the 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 5 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. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Saurabh