1 CGHC010299042026 2026:CGHC:34535 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7195 of 2026 Avinash Singh @ Bajrangi S/o Shri Shahendra Singh Aged About 27 Years R/o Thakur Deve Ward No. 18, Urkura, P.S. Khamtarai District Raipur C.G. ... Applicant versus State of Chhattisgarh Through Police Station Khamtarai District Raipur C.G. ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.08.2026 1. This is the Second Bail Application 3led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 1205/2025, registered at Police Station : Khamtarai, District Raipur, (C.G.) for the o;ence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 25 of the Arms Act. 2. The earlier bail application 3led by the applicant was dismissed as withdrawn in MCRC No. 6601 of 2026 vide order dated 23.07.2026, with liberty to 3le a fresh bail application. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. As per the case of the prosecution, on 24.11.2025, the police of Police Station Khamtarai, District Raipur, received secret information from an informant that the applicant was illegally possessing psychotropic tablets and a knife near the water tank at Urkura. Acting upon the said information, the police proceeded to the spot and conducted a search and seizure operation. During the search, the applicant was allegedly found in conscious possession of 440 tablets of Nitrazepam (Nitrosun-10), having a total weight of 242 grams, along with one knife. The seized articles were con3scated in accordance with law, the applicant was arrested, and the present crime was registered against him. Hence, the present bail application. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has no role whatsoever in the commission of the alleged o;ence. It is contended that the investigation has not been conducted in a fair and proper manner and the mandatory provisions of Sections 42 and 50 of the NDPS Act were not complied with while carrying out the search and seizure proceedings, thereby rendering the alleged recovery doubtful. It is further submitted that the applicant has been implicated merely on the basis of suspicion and a concocted prosecution story. He also submits that the applicant has no criminal antecedents, and he is in jail since 24.11.2025, the charge- sheet has been 3led before the competent Court and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 5. On the other hand, learned Panel Lawyer opposes the bail application of the present applicant and submit that the charge- sheet has been 3led in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. She further submits that the contraband article i.e. 440 tablets of Nitrazepam (Nitrosun-10), having a total weight of 242 grams, along with one knife were seized from the possession of the present applicant, therefore, she prays that the present applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that the said contraband article which was recovered form the possession of the present applicant is less than the commercial quantity and also considering the fact that in the present bail application the charge-sheet has been 3led before the competent Court, he has no criminal antecedents, and he is in jail since 24.11.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the second bail application of the applicant is allowed. Let the Applicant – Avinash Singh @ Bajrangi, involved in Crime No. 1205/2025, registered at Police Station : Khamtarai, District Raipur, (C.G.) for the o;ence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and 4 Section 25 of the Arms Act, be released on bail on his 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 3le an undertaking to the e;ect that he shall not seek any adjournment on the dates 3xed 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 3xed, either personally or through his counsel. In case of his absence, without suEcient 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 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 3xed in such proclamation, then, the trial court shall initiate proceedings against his, 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 3xed for (i) opening of the case, (ii) framing of charge and (iii) recording of 5 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without suEcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against his in accordance with law. 9. OEce is directed to send a certi3ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan