NITESH PATEL (CHADAR) vs STATE OF CHHATTISGARH

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CGHC010292152026 2026:CGHC:38693
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No.7018 of 2026
1 - Nitesh Patel (Chadar) S/o Ramesh Kumar Chadar Aged About 24
Years R/o Bhadhpura, Police Station Bhedaghat, District Jabalpur M P
Applicant (s)
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station
Bemetara, District Bemetara Chhattisgarh
Respondent(s)
For Applicant (s) : Mr. K. N. Singh, Advocate
For Respondent(s) : Ms. Ritika Verma, PL
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
01.09.2026
1. This is the first bail application filed under Section 483 of Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
applicant, who has been arrested in connection with Crime
Digitally
signed
by R
NIRALA
No.309/2026, registered at Police Station Bemetara, District
Bemetara (C.G.) for the offence punishable under Section 20 (b)
of NDPS Act.

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2. The case of the prosecution, in brief, is that on 17.05.2026 on the
basis of a secret information by the informant, the Police seized
10.539 kg ganja from the joint possession of the applicant and
other co-accused persons, thereafter a case was registered
against the accused and they were arrested.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in crime in question. He
further submitted that contraband has not been seized from the
exclusive possession of the applicant and even the quantity of
contraband is less than the commercial quantity. He further
submitted that the applicant is in jail since 17.05.2026, he has no
criminal antecedents, charge sheet has been filed and trial is
likely to take quite long time for its conclusion, therefore, he prays
that the applicant be released on regular bail.
4. On the other hand, learned State counsel opposes the bail
application of the applicant and submits that huge quantity of
contraband has been found from the joint possession of the
applicant and other co-accused, as such he is not entitled to be
released on bail.
5. I have heard learned counsel for the parties and perused all the
documents available on record.
6. Taking into consideration the facts and circumstances of the
case, nature of allegation and further considering that the
quantity of contraband is less than the commercial quantity, the

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applicant is in jail since 17.05.2026, he has no criminal
antecedents, charge sheet has already been filed and conclusion
of the trial is likely to take some time, therefore, without
commenting anything on the merits of the case, I am inclined to
allow this application.
7. Accordingly, the instant bail application of the applicant is
allowed.
8. Let the Applicant – Nitesh Patel (Chadar) , involved in Crime
No.309/2026, registered at Police Station Bemetara, District
Bemetara (C.G.) for the offence punishable under Section 20 (b)
of NDPS Act, be released on bail on his furnishing a 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 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/her under Section 269 of Bharatiya
Nyaya Sanhita.
(iii) In case, the applicant misuse the liberty of bail
during trial and in order to secure his/her 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 his/her, in

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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/her in accordance with law.”
9. 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
Nirala