1 2026:CGHC:4798 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9688 of 2025 Pintu Behra S/o Virendra Behara Aged About 26 Years R/o Bapunagar Kundan Kalet Ka Makan Thana Kotwali, District Raigarh Chhattisgarh Permanent Resident Of Kutabaga, Brijrajnagar (Orissa) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, Raigarh, District Raigarh (C.G.) ...Non-applicant For Applicant : Ms. Preeti Yadav, Advocate. For Non-applicant/State : Mr. Saurabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.01.2026 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. 419/2025 registered at Police Station - Police Station City Kotwali, Raigarh, District Raigarh (C.G.) for the offence under Section 20(B), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.29 11:59:03 +0530 2 2. The prosecution case, in brief, is that the concerned Police Station City Kotwali, Raigarh received secret information from an informant that, at the time of the incident, unknown persons were illegally selling contraband ganja at an open place. Acting upon the said information, the police conducted a raid at the spot and seized a total quantity of 3.322 kilograms of contraband ganja from the place of occurrence. As a result thereof, an offence punishable under Sections 20(b) and 29 of the NDPS Act was registered against the other accused persons. Subsequently, the present applicant was arrested on 20.08.2025 solely on the basis of the memorandum statement of the co-accused. A copy of the FIR is being filed herewith. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that no nexus whatsoever with the alleged incident as narrated by the prosecution; no contraband has been seized from the possession of the applicant and there is no proof of his exclusive possession, as the seizure memo is not supported by the seizure witnesses; the mandatory provisions of the NDPS Act have not been complied with, including proper compliance of Section 42, and the concerned police authority failed to conduct a fair and proper investigation before registering the FIR, thereby falsely implicating the applicant merely on suspicion and without any material evidence; the applicant has neither committed the alleged offence nor has he been involved in any manner and has been wrongly arrested without seizure of any incriminating material, solely on the basis of suspicion relating to the place of incident; the allegations against the applicant are false and fabricated, and it is further submitted that this Hon’ble 3 Court has already granted bail to a similarly situated co-accused vide order dated 31.10.2025 passed in M.Cr.C. No. 7670/2025, a copy of which is being filed herewith as Annexure A-3; moreover, the charge- sheet has already been filed and no custodial interrogation of the applicant is required, the applicant has been in judicial custody since 20.08.2025, therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 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, it is observed that the contraband article, i.e., ganja, recovered from the possession of the applicant is less than the commercial quantity as prescribed under the NDPS Act. Further, considering the fact that the charge-sheet has already been filed before the competent Court, that the applicant has no previous criminal antecedents, that a similarly situated co-accused has been granted bail by this Court vide order dated 31.10.2025 passed in M.Cr.C. No. 7670/2025, and that the applicant has been in judicial custody since 20.08.2025 and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 4 7. Let the Applicant - Pintu Behra, involved in Crime No. 419/2025 registered at Police Station - Police Station City Kotwali, Raigarh, District Raigarh (C.G.) for the offence under Section 20(B), 29 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 she 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 her absence, without sufficient 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 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 her, 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