1 2025:CGHC:12338 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2042 of 2025 Mayank Suryavanshi Alias Sunny S/o Late Prahlad Suryavanshi Aged About 23 Years R/o Chingrajpara Prabhat Chowk, P.S. Sarkanda, District Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Police Station Sarkanda, District Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Tanveer Aslam Khan, Advocate For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12/03/2025 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. 1583/2024 registered at Police Station Sarkanda, District- Bilaspur, (C.G.) for the offence under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that the police of Police Station Sarkanda, District- Bilaspur, (C.G.), received a secret information from the informant and on the said information police conducted a raid and seized 6 boxes with Nitrosun written on it of 05 strips each RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 containing 20 pieces of tablets and 05 strips of loose tablets, in total 700 tablets measuring 434 grams from the possession of the present applicant. Thereafter, offence punishable under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against the present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. He further submits that the contraband article was not seized from the possession of the present applicant. He further submits that seized contraband article is less than commercial quantity. He further submits that the present applicant has total 03 criminal antecedents under the Excise Act, IPC and Arms Act, which are pending and he is in jail since 10.12.2024 and conclusion of the 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 Panel Lawyer opposes the bail application of the present applicant and submit that the charge- sheet has already been filed in the present case before the competent Court. He further submits that the present applicant has 05 criminal antecedents under the IPC, Excise Act and Arms Act, which shows that the he is a habitual offender. He further submits that from the possession of the present applicant total 6 boxes with Nitrosun written on it of 05 strips each containing 20 pieces of tablets and 05 strips of loose tablets, in total 700 tablets measuring 434 grams were seized, therefore, the present applicant is not entitled for grant of bail. 3 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 though the present applicant has total 05 criminal antecedents under the Excise Act, IPC and Arms Act, which are pending, but also considering the fact that in the present bail application the charge-sheet has been filed before the competent Court and he is in jail since 10.12.2024 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant – Mayank Suryavanshi Alias Sunny, involved in Crime No. 1583/2024 registered at Police Station Sarkanda, District- Bilaspur, (C.G.) for the offence under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing 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 her absence, without sufÏcient 4 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, 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 Rahul Dewangan