1 2026:CGHC:2290 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9291 of 2025 Vishal Singh S/o Shri Pradeep Singh Aged About 36 Years R/o Risali, Maitri Kunj, Near Sagar Marriage Bhawan, Police Station Newai , District- Durg (C.G.) ...Applicant versus State Of Chhattisgarh Through S.H.O. Police Station City Kotwali, Durg District- Durg (C.G.). ...Non-applicant For Applicant : Mr. Amiyakant Tiwari, Advocate. For Non-applicant/State : Ms. Anusha Naik. Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2026 1. This is the first 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. 172/2025 registered at Police Station – City Kotwali District - Durg (C.G.) for the offence under Section 21-A & 27-A of the Narcotic Drugs and Psychotropic Substances Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.15 13:34:52 +0530 2 2. The case of the prosecution, in brief, is that on 22.04.2025 one Vijay Kumar Yadav inspector received a secret information that the present applicant along with the other co-accused persons were selling the brown sugar taking wrongful benefit at Shivnath river - Mahmara Road, Durg after getting the said information the police party raided the spot and thereafter seized 46.5 gms. along with some cash amount from the present applicant. The police had also seized some amount of brown sugar from the possession of other co-accused persons, consequently seized total 76.690 gms. of brown sugar from the accused persons in the present crime. 3. The applicant has been falsely implicated in the present case. He further submits that applicant is not guilty of any offence and the investigation conducted by the police is vitiated as the mandatory provisions of law have not been duly complied with, rendering the entire proceedings tainted. It is further submitted that even if the prosecution case is accepted at its face value, there is no likelihood of the applicant’s conviction. The applicant is a permanent resident of the address mentioned in the cause title of the bail application and there is no possibility of his absconding or tampering with the evidence or influencing the witnesses. The applicant further undertakes to cooperate with the investigation and trial, is ready to furnish adequate surety, and assures this Hon’ble Court that he shall abide by all the directions and conditions that may be imposed while granting bail, therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would opposes the bail application and submit that the 3 charge-sheet has been filed in the present case before the competent Court and submits that the applicant has one criminal antecedents, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, it is noted that the contraband article, i.e., 76.690 grams of brown sugar, was allegedly recovered from the joint possession of the applicant and the co-accused, which is less than the commercial quantity, and that the applicant has one criminal antecedent. Further, considering the fact that the charge-sheet has already been filed before the competent Court, the applicant has been in custody since 22.04.2025, and the conclusion of the trial is likely to take considerable time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant - Vishal Singh involved in Crime No. 172/2025 registered at Police Station – City Kotwali District - Durg (C.G.) for the offence under Section 21-A & 27-A of the Narcotic Drugs and Psychotropic Substances Act, be released on bail on 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 file an undertaking to the effect that she 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 4 court on each date fixed, either personally or through his counsel. In case of her absence, without sufficient 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 fixed in such proclamation, then, the trial court shall initiate proceedings against 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) 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. - Sd/- (Ramesh Sinha) Chief Justice vaibhav