1 CGHC010346972026 2026:CGHC:41410 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8501 of 2026 Shyam Sriwas S/o Mohan Sriwas Aged About 35 Years R/o Marimai, Road, Kabristan Ke Samne Talapara, Police Station Civil Line District Bilaspur C. G. ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station Civil Line District Bilaspur C. G. ... Non-applicant(s) For Applicant : Ms. Divya Sahu, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon'ble Mr. Rakesh Mohan Pandey, Judge Order on Board 23.09.2026 1. The applicant has preferred this First Bail Application 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.632/2025, registered at Police Station Civil Lines, District Bilaspur (C.G.), for the offence punishable under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. The case of prosecution in brief is that on 05.06.2025, the police received information regarding illegal possession and sale/transportation of narcotic substance. Pursuant thereto, a search was conducted near the parking area in front of Uslapur Railway Station, Bilaspur, where co-accused Smt. Saroj Sriwas was found in possession of 25 bottles of Onerex cough syrup containing codeine, each bottle containing 100 ml, totalling 2500 ml, allegedly in commercial quantity and the same was seized from her conscious possession. During investigation, the applicant was subsequently arrested for his alleged involvement in criminal conspiracy with the said co-accused for purchase, sale and transportation of the contraband. It is further alleged that, in his memorandum statement, the applicant disclosed his involvement along with co-accused Saroj Sriwas and that the mobile phone allegedly used in the commission of the offence was seized on the basis of such memorandum. 3. Learned counsel for the applicant would submits that the applicant is innocent and has been falsely implicated in the present case. She would further submits that no contraband has been recovered from his possession and he was not present at the spot at the time of seizure as the same has been recovered from the co-accused. She further submits that the applicant had surrendered before the learned trial Court on 02.04.2026 and the charge-sheet has already been filed. She fairly submits that two criminal cases under the NDPS Act registered in the years 2022 and 2023 are pending against the applicant, which have already been explained in Part-D 3 of the bail application relating to his criminal antecedents. She would further submit that co-accused Smt. Saroj Sriwas, from whose possession the contraband was actually seized, has already been granted bail by the Co-ordinate Bench of this Court in MCRC No.5924/2026 vide order dated 03.08.2026, inter alia, considering that the prosecution witnesses had not yet been examined, she had no criminal antecedent and had remained in custody since 05.06.2025. It is contended that the case of the present applicant stands on a better footing, as the alleged contraband was recovered from the possession of the said co-accused. On these grounds, learned counsel prays for grant of bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the applicant has criminal antecedents, including one case under the Chhattisgarh Excise Act registered in the year 2024 and two cases under the NDPS Act registered in the years 2022 and 2023, which are still pending. He further submits that the material collected during investigation prima facie indicates the active involvement of the applicant in the commission of the present offence along with the co-accused. It is also submitted that the contraband recovered from the possession of co-accused Smt. Saroj Sriwas is in commercial quantity. Therefore, looking to the nature and gravity of the offence and the material available against the applicant, the bail application deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary and the material available on record. 4 6. Considering the facts and circumstances of the case, nature and gravity of the offence alleged against the applicant, particularly the fact that 25 bottles of Onerex cough syrup containing codeine, totalling 2500 ml, were recovered from the possession of co- accused Smt. Saroj Sriwas, who is the wife of the applicant and the fact that no contraband has been seized from the possession of the present applicant and further that the said co-accused, from whose possession the contraband was recovered, has already been granted bail by the Co-ordinate Bench of this Court in MCRC No.5924/2026 vide order dated 03.08.2026 and charge-sheet has already been filed and the fact that the applicant, who was not arrested at the initial stage, subsequently surrendered before the learned trial Court on 02.04.2026 and has remained in custody thereafter and further considering the criminal antecedents of the applicant as pointed out by learned State counsel, this Court is of the considered view that the applicant may be extended the benefit of bail, without expressing any opinion on the merits of the case. 7. Accordingly, the bail application of the applicant is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; 5 (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. - Sd/- (Rakesh Mohan Pandey) Judge Kunal