1 2026:CGHC:1166 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10395 of 2025 Sagar Swami S/o K.P. Shiva Swami Aged About 28 Years R/o- R.E.S. Colony, Bacheli Nagar Panchayat D.B. Dantewada, District- Dantewada, (C.G.) ... Applicant versus State of Chhattisgarh Through Officer In-Charge P.S. Bhopalpatnam Distt.- Bijapur (C.G.) ... Non-Applicant For Applicant : Mr. Ashutosh Mishra, Advocate. For Non-Applicant/State : Mr. Priyank Rathi, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.01.2026 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.36/2025 (wrongly mentioned in order copy as 35/2025) registered at Police Station- Bhopalpatnam, District - Bijapur (C.G.), for the offence punishable under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act. 2. Case of the prosecution, in brief, is that as per the charge-sheet, in Crime No. 35/2025 of Police Station Bhopalpatnam, District Bijapur, the accused/applicants Sagar Swami and Ritish Pathak were arrested under Section 21(B) of the NDPS Act and sent to judicial custody. Acting on PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.09 16:13:31 +0530 2 information, the police recovered Magnatuss-T (Codeine Phosphate & Triprolidine Hydrochloride) Syrup 100 ml-5 bottles, Apcoplam (Alprazolam) 1485 tablets, and Pyeevon Spas Plus (Dicyclomine HCL, Tramadol HCL & Acetaminophen) 224 capsules, with a total weight of 87.038 grams, from their possession. These manufactured drugs are used as intoxicants and fall under prohibited substances. Accordingly, the accused were apprehended and the present case was registered against them. Hence, the bail application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that no seizure of any incriminating article from the exclusive possession of the present applicant. It is also submitted that the applicant has no previous criminal antecedents. He later submitted that the co-accused, namely, Ritish Pathak has already been granted bail by this Court vide order dated 04.12.2025 passed in MCRC No. 9894/2025. The charge-sheet has already been filed, and the applicant is in jail since 12.08.2025. Hence, it is prayed that the applicants may be enlarged on bail on the ground of parity. 4. On the other hand, the learned counsel for the State opposes the bail application but could not dispute that fact that the co-accused has been granted bail by this Court. He further submits that the charge-sheet has been filed and the applicant has no previous criminal antecedents. 5. I have Heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact the no seizure of any incriminating article from the exclusive possession of the present applicant, further co-accused, namely, Ritish Pathak has already 3 been granted bail by this Court vide order dated 04.12.2025 passed in MCRC No. 9894/2025, the applicant has no previous criminal antecedents, the charge-sheet has been filed and the applicant is in jail since 12.08.2025, the conclusion of the trial is likely to take sometime, this Court is of the opinion that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let applicant - Sagar Swami, involved in Crime No.36/2025 (wrongly mentioned in order copy as 35/2025) registered at Police Station- Bhopalpatnam, District - Bijapur (C.G.), for the offence punishable under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, be released on bail on their furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed 4 in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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 Preeti