1 2025:CGHC:10568 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1756 of 2025 • Amrik Singh S/o Sohan Singh Aged About 60 Years R/o Hirapur, Veer Savarkar Nagar, Police Station- Kabir Nagar, Raipur, District- Raipur (C.G.) ... Applicant versus • State of Chhattisgarh Through- Station House Officer, Police Station- D.D. Nagar, District- Raipur, Chhattisgarh ... Respondent For Applicant : Mr. Virendra Verma, Advocate appears on behalf of Mr. Dharmesh Shrivastava, Advocate For State : Ms. Monika Thakur, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/03/2025 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 PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.03.04 18:22:36 +0530 2 No.457/2024, registered at Police Station – D.D. Nagar, Raipur, District – Raipur (C.G.) for the offence punishable under Section 18(b) of the Narcotic Drug and Psychotropic Substances Act. 2. The prosecution story, in brief, is that on 29.11.2024, the Police of Police Station D.D. Nagar, Raipur, District Raipur received a secret information that a white colour Swift car bearing registration No.CG- 04-PR-5213 is being used for transporting illicit psychotropic substance Opium from Raipur to Sarona. On the basis of the secret information, the police stopped the vehicle and seized 545 gram of Opium and thereafter, the aforesaid offence has been registered. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that applicant has no previous criminal antecedent and he is in jail since 29.11.2024 and trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and the fact that the Opium has been seized from the applicant, which is less than the commercial quantity and the applicant has no criminal antecedents and further that the applicant is in jail since 29.11.2024 and the conclusion of the trial is likely to take quite long time, without commenting on merits of the case, I am inclined to grant bail to the 3 applicant. 7. Let applicant - Amrik Singh involved in Crime No.457/2024, registered at Police Station – D.D. Nagar, Raipur, District – Raipur (C.G.) for the offence punishable under Section 18(b) of the Narcotic Drug and Psychotropic Substances 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 sufÏcient 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, 4 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Priyanka