Digitally signed by GOURI GOURI MUDALIAR MUDALIAR Date: 2026:CGHC:3933

2026.01.24

16:52:48 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 383 of 2026 Sanjeev Kumar Gupta S/o Ramnaresh Prasad Gupta Aged About 50 Years R/o Village Ramna, Police Station Ramna District- Garhwa (Jharkhand) ... Applicant versus State Of Chhattisgarh Through The Police Station Basantpur, District-

Balrampur-Ramanujganj (C.G.)

... Respondent For Applicant : Shri Basant Kaiwartya, Advocate.

For : Ms. Ankita Shukla, PL.

Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

22/01/2026

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.193/2025 registered at Police Station Basantpur, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 21(c) and 29 of the NDPS Act.

2. Case of the prosecution, in brief, is that the applicant is charged under Sections 21(C) and 29 of the NDPS Act. 195 vials of Codext TR cough syrup, each containing 100 ml, contained in two cartons, and the vehicle used in the incident, an In nova Crysta car numbered UP70 ED7182, were seized from the possession of accused Nageshwar Yadav. Applicant Sanjeev Kumar Gupta is accused of providing the narcotic cough syrup to accused Rajkumar Yadav for Rs.65,000 via PhonePe. 495 vials of Codext TR cough syrup were seized from the possession of accused Nageshwar Yadav, Atul Yadav, and Sugreev alias Pintu. This demonstrates the accused's involvement in the crime. A charge sheet has been filed against them after evidence was collected.

3. Learned counsel for the applicant submitted that no recovery of any contraband article has been made from the possession of the applicant as the name of the applicant has come into light in the memorandum statement of the co-accused Raj Kumar and contraband article was recovered from co-accused persons namely Nageshwar Yadav, Atul Yadav & Sugrit @ Pintu Yadav. He would submit that charge sheet has been filed, the applicant is in jail since 18/10/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would submit that allegation against the applicant is that he supplied the narcotic cough syrup after receiving an amount of Rs.65,000/- from accused Rajkumar Yadav through PhonePe and a total of 495 vials of Codext-R cough syrup (100 ml each), which is above the commercial quantity, were recovered from the possession of the co-accused persons, namely Nageshwar Yadav, Atul Yadav and Sugrit @ Pintu Yadav. She would further submit that bail application of co-accused persons namely Atul Yadav & Sugrit @ Pintu Yadav have been rejected by this Court in MCRC No. 567 of 2026 on 16.01.2026, therefore the applicant is not entitled to be released on regular bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, considering the fact that the applicant is said to have supplied the narcotic cough syrup after receiving an amount of Rs.65,000/- from accused Rajkumar Yadav through PhonePe and a total of 495 vials of Codext-R cough syrup (100 ml each), which is above the commercial quantity, were recovered from the possession of the co-accused persons, namely Nageshwar Yadav, Atul Yadav and Sugrit @ Pintu Yadav, further considering the fact that bail application of co-accused persons namely Atul Yadav & Sugrit @ Pintu Yadav have been rejected by this Court in MCRC No. 567 of

2026 on 16.01.2026 and considering the fact that it is an organized crime, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail.

7. Accordingly, the ba