1 2026:CGHC:4747 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 915 of 2026 Manoj Yadav S/o Hemlal Yadav Aged About 35 Years R/o Ganga Nagar, Ward No. 35, Jagdalpur, Police Station Bodhghat, District Bastar (C.G.) (Cause Tittle Mention As Per FIR And Challan) ... Applicant versus State of Chhattisgarh Through Station House O昀케cer, Police Station Kotwali Jagdalpur, District Bastar (C.G.) ... Non-applicant For Applicant : Mr. Arun Kumar Shukla, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.01.2026 1. This is the 昀椀rst bail application 昀椀led 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. 278/2025 registered at Police Station Kotwali Jagdalpur, District – Bastar (C.G.) for the o昀昀ence under Section 21 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution case, it is alleged that the concerned Police Station received information on 27.07.2025 to the e昀昀ect that a person standing near Dalpat Sagar Sulabh Complex was in possession of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.29 15:02:16 +0530 2 prohibited tablets and was searching for customers for the purpose of selling the same. On the basis of the said information, the police conducted a search and found a person standing at the spot in possession of prohibited tablets. After complying with the mandatory provisions relating to search and seizure, the police allegedly recovered certain Alprazolam tablets and 29 Pyeevon Spas Plus capsules from the possession of the applicant. The total quantity recovered has been shown as 23.71 grams, which is less than the commercial quantity. Consequently, an FIR was registered against the applicant, and he was arrested for an o昀昀ence punishable under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act. 3. It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He submits that an intermediate quantity of the psychotropic substance, i.e., Alprazolam tablets and 29 Pyeevon Spas Plus capsules, weighing 23.71 grams in total, has been seized from the possession of the present applicant, which is below the commercial quantity. It has been further argued that the present applicant has no criminal antecedents under the NDPS Act, and that the applicant has been in jail since 28.07.2025. As the conclusion of the trial may take some time, he therefore prays for the 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 昀椀led in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. After hearing the submissions advanced by learned counsel for the parties and considering the quantity of the psychotropic substance, i.e., Alprazolam tablets and 29 Pyeevon Spas Plus capsules, weighing 23.71 grams, seized from the possession of the applicant, which is less than the commercial quantity, and further considering that the applicant has no criminal antecedents under the NDPS Act, that the charge-sheet has already been 昀椀led, that the conclusion of the trial is likely to take some time, and that the applicant has been in jail since 28.07.2025, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Manoj Yadav, involved in Crime No. 278/2025 registered at Police Station Kotwali Jagdalpur, District – Bastar (C.G.) for the o昀昀ence under Section 21 (b) 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 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed 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 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient 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 4 under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date 昀椀xed 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 昀椀xed 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昀케cient 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昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek