NISAR KHAN vs STATE OF CHHATTISGARH

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CGHC010338462026 2026:CGHC:38857
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No.8161 of 2026
1 - Nisar Khan S/o Abdul Naim Khan Aged About 26 Years R/o Near
Durga Mandir, Baloda Bazar Currently Residing At In Front Of Mamu
Kirana Store, House Of Sattar Bhai, Sanjay Nagar, P. S. Tikrapara,
District- Raipur Chhattisgarh.
Applicant (s)
versus
1 - State Of Chhattisgarh Through The Station House Officer, Police
Station- Kotwali, District- Raipur Chhattisgarh.
Respondent(s)
For Applicant (s) : Mr. U. K. S. Chandel, Advocate
For Respondent(s) : Mr. Soumya Rai, Dy. GA
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
02.09.2026
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 No.84/2026, registered at Police Station Kotwali, District Raipur
signed
by R
NIRALA

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(C.G.) for the offence punishable under Sections 20 (B), 22 (C) &
29 of NDPS Act.
2. The case of the prosecution, in brief, is that on 25.02.2026, the
police of Police Station Kotwali, Raipur, upon receipt of secret
information that two persons were carrying contraband substance
near Narhareshwar Mandir, Raipur and upon raid conducted by
the police, contraband ganja in three packets weighing 6.119
kilograms was seized from accused Mukesh Gupta and
psychotropic substance Alprazolam Tablet IP 0.5 mg, 32 packets
containing 2400 tablets weighing 360 grams, was seized from
accused Sanju alias Sanjay Gupta. On the basis of the
memorandum statement of the said accused persons, the
present applicant has been implicated in the crime. Upon
investigation, the applicant was arrested and charge-sheet has
been filed for the aforementioned offence.
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 the case of the present applicant is
distinguished from the case of the co-accused Sanju Gupta who
was carrying alprazolam tablet and his bail application has
already been rejected by this Court vide order dated 24.08.2026
in MCRC No.7870/2026. He further submitted that name of the
present applicant has come on the basis of the memorandum
statement of the co-accused Mukesh Gupta who was carrying
ganja and the quantity of which is less than the commercial

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quantity and the applicant was only accompanying the co-
accused Mukesh Gupta in his auto, as he is a auto driver and no
recovery of contraband substance has been made from the
possession of the applicant. He further submitted that the
applicant is in jail since 27.02.2026, 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 the applicant in
connivance with the other co-accused persons has committed
the offence, 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 no
recovery of contraband substance has been made from the
possession of the applicant and the quantity of the contraband
which has been seized from the possession of the co-accused
Mukesh Gupta, who was accompanied by the applicant, is less
than the commercial quantity, the applicant is in jail since
27.02.2026, charge sheet has already been filed and conclusion
of the trial is likely to take some time, therefore, without

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commenting further 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 – Nisar Khan , involved in Crime No.84/2026,
registered at Police Station Kotwali, District Raipur (C.G.) for the
offence punishable under Sections 20 (B), 22 (C) & 29 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
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)

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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