1 2026:CGHC:3402 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 737 of 2026 Karan Tiwari S/o Late Dayaram Tiwari Aged About 32 Years R/o Shiv Mandir, Beside J.P. Kirana, Store, Kukri Para Chowk, P.S. Purani Basti, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer Police Station Purani Basti Raipur, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Pushpendra Kumar Patel and Ms. Dhaneshwari Patel, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.01 .202 6 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 407/2025, registered at Police Station – Purani Basti, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 20 (b)(ii)(A) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution story, during patrolling the police received information from the informant that unknown persons were in illegal possession of contraband ganja and banned medicines for the purpose of sale. Acting on the said information, the police conducted a raid and PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.21 13:37:31 +0530 2 seized 5.357 kilograms of contraband ganja and 44.24 grams of banned medicine from the place of incident, situated near Chhath Talab Pond, Raipur. Thereafter, the police prepared the seizure memo and arrested the applicant on 11.10.2025 for the alleged offences punishable under Sections 20(b)(ii)(A) and 21(b) of the NDPS Act. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that there is no exclusive possession of the seizure of contraband ganja and ban medicine and seizure from open place. It is further submitted that the charge-sheet has been filed and there is no previous criminal antecedents of the applicant and he is in jail since 11.10.2025 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, the learned counsel for the State opposes the bail application and submits that a total quantity of alleged contraband substance which has been recovered from the possession of the applicant, is less than the commercial quantity. She further submits that the applicant has two previous criminal antecedents of the year 2013 and 2019, hence, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of alleged contraband substance which has been recovered from the possession of the applicant, is less than the commercial quantity, also considering the fact that charge-sheet has been filed and there is two previous criminal 3 antecedents which are old and stale, further, that the applicant is in jail since 11.10.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let applicant, Karan Tiwari involved in Crime No. 407/2025, registered at Police Station – Purani Basti, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 20(b)(ii)(A) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, be released on bail on his furnishing a 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. (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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti