1 2026:CGHC:18976 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3754 of 2026 Brijlal @ Bugala Kurre @ Vishal Kurre S/o Shri Bedram Kurre Aged About 38 Years Correct As Per Annex. A/1 P.N. 11 R/o Gurunanak Ward Bhatapara, District- Balodabazar- Bhatapara (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Line , District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rejeev Kumar Dubey, Advocate. For Respondent(s) : Mr. Saumya Rai, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1004/2024 registered at Police Station Civil Line , District- Bilaspur (C.G.) under Section 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 21.10.2024 at about 20:35 hours, on the basis of secret information, the police conducted a raid at the specified location and apprehended accused Srishti @ Moti. It is alleged that she was selling narcotic ampoules and, in her memorandum statement, disclosed that she was acting in collusion with co-accused Godavari Bai @ Ginni. During the search, 150 narcotic ampoules, cash amount, a mobile phone, a pen drive, and an Activa vehicle were recovered from their possession. Consequently, FIR bearing Crime No. 1004/2024 was registered under Sections 21 and 22 of the NDPS Act, and the accused persons were arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that co-accused, Naveen Kumar Edwani has been granted bail by the Hon’ble Supreme Court vide order dated 19.01.2026 passed in Criminal Appeal No.332 of 2026 arising out of SLP (Crl.) No.19712 of 2025 and thereafter, co-accused persons, Kajal Kurre and Sanjeev Kumar Chhabda have been granted bail by this Court vide orders dated 30.06.2025 and 01.04.2026 passed in MCRC Nos.4265 of 2025 and 8981 of 2025. He later submits that 3 the applicant has six criminal antecedents, out of which, in three cases, applicant has already been acquitted of the charges, two cases have been disposed of by imposing fine and only one case under the NDPS Act is pending against the applicant, further the applicant is in jail since 03.01.2025 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, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and submits that the applicant has six criminal antecedents, out of which, one case under the NDPS Act is pending. He further submits that from the possession of the applicant contraband article i.e. 150 narcotic ampoules, including Buprenorphine Injection IP (0.3 ml) and Rexogesic (2 ml) ampoules is seized, therefore, the applicant is not entitled for grant of 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 and the fact that co-accused, Naveen Kumar Edwani has been granted bail by the Hon’ble Supreme Court vide order dated 19.01.2026 passed in Criminal Appeal No.332 of 2026 arising out of SLP (Crl.) No.19712 of 2025 and thereafter, co-accused 4 persons, Kajal Kurre and Sanjeev Kumar Chhabda have been granted bail by this Court vide orders dated 30.06.2025 and 01.04.2026 passed in MCRC Nos.4265 of 2025 and 8981 of 2025, further considering the criminal antecedents of the applicant, which are six in number, out of which, in three cases, applicant has already been acquitted of the charges, two cases have been disposed of by imposing fine and only one case under the NDPS Act is pending against the applicant, further charge-sheet has been filed in the present case before the competent Court, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant - Brijlal @ Bugala Kurre @ Vishal Kurre, involved in Crime No. 1004/2024 registered at Police Station Civil Line, District- Bilaspur (C.G.) under Section 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on his furnishing personal bond with two 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. 5 (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. (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. 9. 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 Akhil