1 CGHC010312762026 2026:CGHC:38438 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7442 of 2026 Bramhanand Patel S/o Shyamkumar Aged About 40 Years R/o Village Medhapali, Police Station Saraipali , District- Mahasamund (C.G.) ... Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Saraipali , District- Mahasamund (C.G.) ... Respondent(s) For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, P.L. HON'BLE MR. RAMESH SINHA, CHIEF JUSTICE ORDER ON BOARD 31.08.2026 1. This is the 1st 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. 182/2026 registered at Police Station – Saraipali, District- Mahasamund (C.G.), for the offences under Sections SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.08.31 16:34:45 +0530 2 20 (B) of NDPS Act. 2. The case of the prosecution, in brief, is that on 28.05.2026, the police received information from an informant regarding the transportation of contraband. On the basis of the said information, a raid was conducted, during which the police seized a total quantity of 5.190 kgs of contraband Ganja from the possession of the applicant. Thereafter, the police of Police Station Saraipali registered Crime No. 182/2026 for the offence punishable under Section 20(B) of the NDPS Act and arrested the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the charge-sheet has been filed, the applicant has been in custody since 28.05.2026, and there is no likelihood of his absconding or tampering with the prosecution evidence. Hence, it is prayed that the applicant be released on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the applicant has one criminal antecedent under the NDPS Act; however, he has already been acquitted in the said offence. 5. I have heard learned counsel for the parties and perused the material available on record. 3 6. Considering the submissions advanced by learned counsel for the parties, the nature of the allegations, the period of pre- trial detention, the fact that the charge-sheet has been filed, the fact that the applicant has been in custody since 28.05.2026, and the fact that the applicant has only one criminal antecedent, in respect of which he has already been acquitted, and further considering the overall facts and circumstances of the case and the likelihood of the trial taking considerable time to conclude, without expressing any opinion on the merits of the case, this Court is of the considered opinion that the applicant deserves to be enlarged on bail. Accordingly, the application is allowed. 7. Let Applicant- Bramhanand Patel involved in Crime No. 182/2026 registered at Police Station – Saraipali, District- Mahasamund (C.G.), for the offences under Sections 20 (B) of 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 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Saurabh