Extracted from the PDF above. The PDF is authoritative.
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CGHC010310142026
2026:CGHC:35675
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7399 of 2026 Akash Poya Son of Bihari Lal Poya, Aged About 21 Years Resident of Maharani Ward, Jagdalpur, District - Bastar (C.G.)
... Applicant versus State of Chhattisgarh Through Station House O3cer, Police Station - Bodhgath, District - Bastar (C.G.)
... Non-applicant For Applicant : Mr. Shubhankar SIngh, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.08.2026
1. This is the <rst bail application <led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 0204/2026 registered at Police Station - Bodhgath, District – Bastar (C.G.) for the o?ence under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, on 31.05.2026, the police personnel from Police Station Bodhghat intercepted the applicant, Aakash Poya, along with the co-accused, Roderick Soma, at Metaguda, Dongri Para, Jagdalpur, District Bastar (C.G.). Upon searching the accused persons, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.13 12:46:41 +0530
2 the police allegedly recovered a carry bag, which was being jointly carried by both accused persons, containing 30 strips (240 capsules) of Pyeevon Spas Plus, containing Tramadol HCl and Acetaminophen. The total weight of the seized capsules was approximately 160.08 grams, which constitutes an intermediate quantity under the NDPS Act. On the basis of the said seizure, the police registered FIR/Crime No. 204/2026 against the applicant and the co-accused for the o?ence punishable under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He submits that an intermediate quantity of a psychotropic substance, i.e. 30 strips (240 capsules) of Pyeevon Spas Plus, containing Tramadol HCl and Acetaminophen. The total weight of the seized capsules was approximately 160.08 grams, was allegedly seized from the joint possession of the applicant and other co-accused person, which is below the commercial quantity. He further submits that the applicant has no criminal antecedents under the NDPS Act and has been in custody since 31.05.2026. Since the conclusion of the trial is likely to take considerable time, he prays for the 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 <led in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. After hearing the submissions advanced by learned counsel for the parties and considering the fact that the psychotropic substance, i.e. 30
3 strips (240 capsules) of Pyeevon Spas Plus, containing Tramadol HCl and Acetaminophen. The total weight of the seized capsules was approximately 160.08 grams, was allegedly seized from the joint possession of the applicant and other co-accused person, which is below the commercial quantity, and further considering that the applicant has no criminal antecedents, that the charge-sheet has already been <led, that the applicant has been in custody since 31.05.2026, and that the conclusion of the trial is likely to take considerable time, I am of the opinion that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant - Akash Poya, involved in Crime No. 0204/2026 registered at Police Station - Bodhgath, District – Bastar (C.G.) for the o?ence under Section 21(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 <le an undertaking to the e?ect that he shall not seek any adjournment on the dates <xed 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 <xed, either personally or through his counsel.
In case of his absence, without su3cient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during
4 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 <xed 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 <xed 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 su3cient 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. O3ce is directed to send a certi<ed copy of this order to the trial Court concerned for necessary information and compliance. - Sd/-
(Ramesh Sinha)
Chief Justice Abhishek