1 2026:CGHC:9085 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1802 of 2026 Sagar Sinde S/o Late Rajesh Sinde Aged About 31 Years R/o Basna, P.S. Basna, Tahsil Basna, District Mahasamund C.G. ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Basna, District Mahasamund C.G. ... Non-applicant For Applicant : Mr. Sudhir Kumar Sahu, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.02.2026 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. 335/2025 registered at Police Station – Basna District - Mahasamund (C.G.) for the offence under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution case, in brief, is that o the concerned police station VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.20 14:48:58 +0530 2 Basna, received secret information through the informant that on the date of incident, one unknown person have kept illegal ban medicine in their possession to sale and police has seized 93 nag of Pantazocine Lactate injection ban medicine from place of incident at open place and as a result thereof, police has registered offence publishable under section 21 of the N.D.P.S. Act against the applicant and other accused person 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that having no nexus whatsoever with the incident alleged by the prosecution. It is contended that the prosecution has failed to establish exclusive or conscious possession in respect of the alleged seizure, as the contraband was recovered from joint possession and the seizure witnesses do not support exclusive possession of the applicant; moreover, the quantity of the seized banned medicine is below the commercial quantity. The applicant further submits that the mandatory provisions of the N.D.P.S. Act have not been complied with, and the concerned police authorities did not conduct a proper investigation prior to lodging the FIR, thereby rendering the case doubtful. The allegations levelled against him are false and fabricated. It is also submitted that out of the two accused persons, the co- accused has already been granted bail by this Hon’ble Court vide order dated 23.01.2026 passed in M.Cr.C. No. 825/2026, and on the ground of parity, the present applicant is also entitled to be enlarged on bail. The applicant asserts that he has neither committed the alleged offence nor has he been involved in any such activity and has 3 been wrongly arrested by the police. He has been in judicial custody since 28.08.2025, and therefore, prays that he be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application. 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, namely that 93 injections (1 ml each) of Pentazocine Lactate Injection IP were allegedly recovered from the joint possession of the present applicant and the co-accused, which is below the commercial quantity, and further considering that the charge sheet has already been filed before the competent Court, that the co-accused has already been granted bail by this Hon’ble Court vide order dated 23.01.2026 passed in M.Cr.C. No. 825/2026, and that the applicant has been in judicial custody since 28.08.2025, and as 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 - Sagar Sinde involved in Crime No. 335/2025 registered at Police Station – Basna District - Mahasamund (C.G.) for the offence under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 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 4 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 her 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 him 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. 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