1 CGHC010314332026 2026:CGHC:36307 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7510 of 2026 Vikas @ Vicky Sahu S/o Late Yashwant Sahu, Aged About 28 Years R/o - Behind Suyash Hospital, Kota, P. S. Saraswati Nagar, District - Raipur, (C.G.) ...Applicant versus State Of Chhattisgarh Through - S. H. O. P. S.- Moudhapara District - Raipur, (C.G.) ... Non-applicant For Applicant : Mr. Pushkar Sinha, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.08.2026 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 applicant who has been arrested in connection with Crime No. 86/2026 registered at Police Station – Moudhapara, Raipur (C.G.) for the offence punishable under Section 22(b) of the NDPS Act. 2. The prosecution case, in brief, is that on 14.05.2026, upon receipt of secret information, the police team cordoned off and intercepted the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.14 16:07:23 +0530 2 applicant near Samvet Shikhar Complex, Raipur. It is alleged that during the search, 9 full strips containing 90 tablets of Nitrazepam (Nitrosun-10), weighing 50.40 grams, along with cash amounting to Rs.1,300/-, were recovered from the pocket of the lower worn by the applicant. On the basis of the said seizure, the present case was registered against the applicant under the relevant provisions of law. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case; no contraband psychotropic substance has been seized from his possession, as the alleged seizure was made from the co-accused and is of intermediary quantity. It is further submitted that the applicant has been implicated solely on the basis of the memorandum statement of the co-accused, without any independent corroboration. The applicant is aged about 28 years and has been in judicial custody since 15.05.2026; the charge-sheet has already been filed, the offence is triable by the Court of Session, and the trial is likely to take considerable time for its final disposal. It is further submitted that the co-accused, namely Yogesh Behera, has already been granted bail by this Court in MCRC No. 7291 of 2026 vide order dated 10.08.2026. The applicant is a permanent resident of Behind Suyash Hospital, Kota, P.S. Saraswati Nagar, District Raipur (C.G.), and there is no likelihood of his absconding or tampering with the prosecution evidence. He is ready and willing to abide by all the terms and conditions that may be imposed by this Hon’ble Court while granting bail; therefore, it is prayed that the applicant may kindly be released on bail. 3 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, it is observed that the contraband article recovered from the possession of the applicant is less than the commercial quantity prescribed under the NDPS Act, and the co-accused, namely Yogesh Behera, has already been granted bail by this Court in MCRC No. 7291 of 2026 vide order dated 10.08.2026. Further, considering the fact that the charge-sheet has already been filed before the competent Court, that the applicant has no previous criminal antecedents, that he has been in judicial custody since 14.05.2026, and that the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Vikas @ Vicky Sahu, involved in Crime No. 86/2026 registered at Police Station – Moudhapara, Raipur (C.G.) for the offence punishable under Section 22(b) of the NDPS Act, be released on bail on furnishing personal bond with two local 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 4 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) 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 vaibhav