1 2025:CGHC:11417 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1902 of 2025 Sakir Usmani S/o Yusuf Usmani Aged About 34 Years R/o Chhota Para Congress Bhawan Ke Peeche, Near Girls School, P.S. City Kotwali, District Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Telibandha, Raipur, District Raipur (C.G.) ... Non-applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.03.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 809/2024 registered at Police Station Telibandha, District Raipur (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that the police of Police Station ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.07 20:17:47 +0530 2 Telibandha, District Raipur (C.G.), received a secret information from the informant and on the basis of the said information police conducted a raid and seized 03.380 Kgs of Ganja from an open place and prepared a seizure memo and arrested the applicant on 10.12.2024 for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicant. 3. It has been argued by learned counsel for the applicant that the present applicant has been falsely implicated in this case and said contraband article was not seized from the possession of the present applicant. She further submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. She also submits that the present applicant has no criminal antecedents. She further submits that the co-accused person, namely, Omkar Sen in MCRC No. 1828/2025 has already been granted bail by this Hon’ble Court vide order dated 06.03.2025, hence the applicant is also entitled to be released on bail on the ground of parity. 4. On the other hand, learned State counsel would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the applicant has no criminal antecedents and further, the other 3 co-accused person, namely, Omkar Sen in MCRC No. 1828/2025 has already been granted bail by this Hon’ble Court vide order dated 06.03.2025, therefore, this Court is of the considered view that the present applicant is also entitled to be grant regular bail on the ground of parity in this Case. 7. Let the Applicant – Sakir Usmani, involved in Crime No. 809/2024 registered at Police Station Telibandha, District Raipur (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on his furnishing 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 4 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 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 Abhishek