1 2026:CGHC:7607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1487 of 2026 Arif Mohammad S/o Late Vajid Mohammad Aged About 34 Years R/o Village Ghutku, P.S. Koni, Distt. Bilaspur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House O/cer, Police Station - Koni, Bilaspur District- Bilaspur Chhattisgarh. ... Non-applicant For Applicant : Mr. Wasim Miyan, Advocate For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.02.2026 1. This is the 8rst bail application 8led 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. 503/2025 registered at Police Station Koni, Bilaspur District- Bilaspur (C.G.) for the o=ence under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that on 12.10.2025, the police personnel of Police Station Koni, District Bilaspur (C.G.), received secret information to the e=ect that the applicant was transporting RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 illegal drugs in his car bearing registration No. CG-04-HD-4564; acting upon the said information, the police conducted a search and allegedly recovered and seized 698 NRx capsules of Dicyclomine Hydrochloride, Tramadol Hydrochloride and Acetaminophen (SPASTRASCEN PLUS), weighing in total 34.9 grams, from the possession of the applicant, whereupon he was arrested, and during investigation his memorandum statement was recorded in which he stated that he had purchased the said capsules from the co-accused, namely Nishan @ Nishant Goswami, who has also been arrested, thereafter, upon completion of investigation, the charge-sheet has been 8led. Hence, the present bail application. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. He further submits that the 698 NRx capsules of Dicyclomine Hydrochloride, Tramadol Hydrochloride and Acetaminophen (SPASTRASCEN PLUS) were seized from the applicant, which is less than commercial quantity. He further submits that similarly situated co-accused person, namely, Nishan @ Nishant Goswami has already been granted bail by this Court vide order dated 03.02.2026 in MCRC No. 10009/2025. He also submits that the applicant has no criminal antecedents and he is in jail since 12.10.2025 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant on the ground of parity. 3 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submit that the charge- sheet has been 8led in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. He further submits that the contraband article i.e. 698 NRx capsules of Dicyclomine Hydrochloride, Tramadol Hydrochloride and Acetaminophen (SPASTRASCEN PLUS), weighing in total 34.9 grams, has been recovered from the possession of the present applicant, therefore, the present 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 that in the present bail application the charge-sheet has been 8led before the competent Court, though the contraband article i.e. 698 NRx capsules of Dicyclomine Hydrochloride, Tramadol Hydrochloride and Acetaminophen (SPASTRASCEN PLUS) were seized from the applicant, but the said contraband article is less than commercial quantity and further the fact that co-accused person, namely, Nishan @ Nishant Goswami has already been granted bail by this Court vide order dated 03.02.2026 in MCRC No. 10009/2025, and the case of present applicant is identical to that of the co-accused persons and the applicant has no criminal antecedents and he is in jail since 12.10.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the 4 applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Arif Mohammad, involved in Crime No. 503/2025 registered at Police Station Koni, Bilaspur District- Bilaspur (C.G.) for the o=ence under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on 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 8le an undertaking to the e=ect that he shall not seek any adjournment on the dates 8xed 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 8xed, either personally or through his counsel. In case of his absence, without su/cient 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 8xed in such proclamation, then, the trial court shall initiate proceedings against him, in 5 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 8xed 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 su/cient 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. O/ce is directed to send a certi8ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan