1 2026:CGHC:16098 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 730 of 2026 Vishnu Kumar Soni S/o Late Chhakodi Lal Soni Aged About 38 Years R/o Ward No. - 45, Gali No. 46, Behind Pati Godam, Tikuriya Tola, Raghuraj Nagar, Police Station Kolgaon, District Satna (M.P.) Through His Brother-In- Law Lal Bahadur Soni S/o Ashok Kumar Soni. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Pandariya, District – Kabirdham (C.G.) ---- Non-applicant For Applicant : Mr. Samir Singh, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 197/2025, registered at Police Station – Pandariya, District – Kabirdham (C.G.) for the offence punishable under Sections 21(C) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story, in brief, is that a secret information was received by the Police of Police Station – Pandariya, District – Kabirdham (C.G.) through the informant and on the basis of such information, the Police conducted a raid at the house of co-accused Suraj Soni, and has seized a total of 3000 Alprazolam Tablet admeasuring about 1500 mg, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 and the co-accused Suraj Soni was taken into Police custody, and in his statement before the Police he has informed that he has purchased the said contraband article from the applicant and he was to sell it to co-accused Ezaz Khan of Raipur, thereafter, the applicant was arrested by the Police. Hence, this 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 submitted that the charge-sheet has been filed in this case. It is also submitted that so far as the applicant is concerned, no recovery of contraband article has been made from his possession, and the co- accused namely Narendra Dev Tiwari from whose possession intermediate quantity of contraband article was seized, has been enlarged on bail by this Court on 02.01.2026 passed in MCRC No.8140/2025, and the bail application of co-accused Suraj Soni was rejected by this Court vide order dated 02.01.2026 passed in MCRC No.7944/2025, on the ground that the contraband article seized from his possession was above the commercial quantity, and though the name of the applicant has come into light from the memorandum statement of the co-accused Suraj Soni, and he is said to have supplied the contraband article to co-accused Suraj Soni, but no such seizure has been made from the possession of the applicant, the applicant has no criminal antecedents under the NDPS Act, and he has only one criminal antecedent under the IPC. The applicant is in jail since 16.10.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail 3 application and submits that the charge-sheet has been filed in the present case and there is one criminal antecedent of the applicant under the IPC. It is submitted that a total of 3000 Alprazolam Tablet admeasuring about 1500 mg has been recovered from the possession of the co-accused, and the name of the applicant has come into light from the memorandum statement of the co-accused as the applicant was said to have supplied the said contraband article to the co- accused Suraj Soni, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the fact that so far as the applicant is concerned, no recovery of contraband article has been made from his possession, and the co-accused namely Narendra Dev Tiwari from whose possession intermediate quantity of contraband article was seized, has been enlarged on bail by this Court on 02.01.2026 passed in MCRC No.8140/2025, and the bail application of co-accused Suraj Soni was rejected by this Court vide order dated 02.01.2026 passed in MCRC No.7944/2025, on the ground that the contraband article seized from his possession was above the commercial quantity, and though the name of the applicant has come into light from the memorandum statement of the co-accused Suraj Soni, and he is said to have supplied the contraband article to co-accused Suraj Soni, but no such seizure of contraband article has been made from the possession of the applicant, the applicant has no criminal antecedents under the 4 NDPS Act, and he has only one criminal antecedent under the IPC. Also considering the fact that charge-sheet has been filed, and further that the applicant is in jail since 16.10.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant, Vishnu Kumar Soni involved in Crime No. 197/2025, registered at Police Station – Pandariya, District – Kabirdham (C.G.) for the offence punishable under Sections 21(C) and 29(1) of the NDPS Act, 1985, be released on bail on their 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 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. 5 (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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar