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2026 DAILYLAW 32994 (CHH)

SAMEER SAHU @ SAIM v. STATE OF CHHATTISGARH

MCRC/7544/2026 · 2026-08-13

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Judgment text

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1 CGHC010312322026 2026:CGHC:36325 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7544 of 2026 Sameer Sahu @ Saim S/o Vijay Sahu Aged About 19 Years R/o Sudama Nagar, Police Station- Tikrapara, District- Raipur, (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Tikrapara, District- Raipur, (C.G.) ... Non-applicant _____________________________________________________ For Applicant :Ms. Divya Sahu, Advocate. For Non-applicant/State :Ms. Ritika Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.08.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.473/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.14 19:14:12 +0530 2 Station – Tikrapara, Raipur (C.G.), for the offence under Section 22(B) of the NDPS Act. 2. As per the prosecution story, on 01.06.2026, the police of Police Station Tikrapara, Raipur, received secret information that a person was standing near Shiv Temple, Sector-5, Kamal Vihar, Raipur, carrying intoxicating tablets in a black plastic bag and was looking for customers for their sale. Upon receipt of the said information, the police, after complying with the mandatory provisions of the NDPS Act, conducted a raid at the spot, where the Applicant was allegedly found in possession of 19 tablets of NRX Nitrazepam Tablet IP Nitrosun-10 weighing 13.97 grams and 52 capsules of Spasmo-Proxyvon Plus weighing 40.66 grams, totalling 71 tablets/capsules weighing 54.66 grams, which were seized from his possession. Based on these allegations, the offence as mentioned above has been registered against the present Applicant. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. She further submits that the alleged recovery is of an intermediate quantity and not commercial quantity and therefore, the rigours of Section 37 of the NDPS Act are not 3 attracted. It is further submitted that the Applicant is a young person aged about 19 years, has no previous criminal antecedents, investigation is complete and charge-sheet has already been filed, is in judicial custody since 01.06.2026 and conclusion of trial is likely to take considerable time, therefore, he may be granted bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that except Tramadol, which is of intermediate quantity, all other contraband substances are of small quantity and the Applicant has no previous criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the quantity of the alleged contraband, the fact that the Applicant is aged about 19 years and has no previous criminal antecedents, the period of custody of the Applicant since 01.06.2026 and the fact that the trial is likely to take considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 4 7. Let Applicant- Sameer Sahu @ Saim involved in Crime No. 473/2026 registered at Police Station – Tikrapara, Raipur (C.G.), for the offence under Section 22(B) of the NDPS Act be released on bail on his 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/she 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/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her 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/her 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/her, 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 5 court to treat such default as abuse of liberty of bail and proceed against him/her 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya