1 CGHC010338462026 2026:CGHC:38857 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.8161 of 2026 1 - Nisar Khan S/o Abdul Naim Khan Aged About 26 Years R/o Near Durga Mandir, Baloda Bazar Currently Residing At In Front Of Mamu Kirana Store, House Of Sattar Bhai, Sanjay Nagar, P. S. Tikrapara, District- Raipur Chhattisgarh. Applicant (s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station- Kotwali, District- Raipur Chhattisgarh. Respondent(s) For Applicant (s) : Mr. U. K. S. Chandel, Advocate For Respondent(s) : Mr. Soumya Rai, Dy. GA Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.09.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.84/2026, registered at Police Station Kotwali, District Raipur Digitally signed by R NIRALA 2 (C.G.) for the offence punishable under Sections 20 (B), 22 (C) & 29 of NDPS Act. 2. The case of the prosecution, in brief, is that on 25.02.2026, the police of Police Station Kotwali, Raipur, upon receipt of secret information that two persons were carrying contraband substance near Narhareshwar Mandir, Raipur and upon raid conducted by the police, contraband ganja in three packets weighing 6.119 kilograms was seized from accused Mukesh Gupta and psychotropic substance Alprazolam Tablet IP 0.5 mg, 32 packets containing 2400 tablets weighing 360 grams, was seized from accused Sanju alias Sanjay Gupta. On the basis of the memorandum statement of the said accused persons, the present applicant has been implicated in the crime. Upon investigation, the applicant was arrested and charge-sheet has been filed for the aforementioned offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He further submitted that the case of the present applicant is distinguished from the case of the co-accused Sanju Gupta who was carrying alprazolam tablet and his bail application has already been rejected by this Court vide order dated 24.08.2026 in MCRC No.7870/2026. He further submitted that name of the present applicant has come on the basis of the memorandum statement of the co-accused Mukesh Gupta who was carrying ganja and the quantity of which is less than the commercial 3 quantity and the applicant was only accompanying the co- accused Mukesh Gupta in his auto, as he is a auto driver and no recovery of contraband substance has been made from the possession of the applicant. He further submitted that the applicant is in jail since 27.02.2026, he has no criminal antecedents, charge sheet has been filed and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicant be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the applicant in connivance with the other co-accused persons has committed the offence, as such he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation and further considering that no recovery of contraband substance has been made from the possession of the applicant and the quantity of the contraband which has been seized from the possession of the co-accused Mukesh Gupta, who was accompanied by the applicant, is less than the commercial quantity, the applicant is in jail since 27.02.2026, charge sheet has already been filed and conclusion of the trial is likely to take some time, therefore, without 4 commenting further anything on the merits of the case, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. 8. Let the Applicant – Nisar Khan, involved in Crime No.84/2026, registered at Police Station Kotwali, District Raipur (C.G.) for the offence punishable under Sections 20 (B), 22 (C) & 29 of NDPS Act, be released on bail on his furnishing a 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 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/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse 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 his/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) 5 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/her in accordance with law.” 9. 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 Nirala