1 2025:CGHC:19962 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2145 of 2025 Parmeshwar Sahu @ Parmesh Sahu S/o Late Pardeshi Sahu Aged About 22 Years R/o Mudagaon Khariyar Road P.S. Jonk District- Nuwapada (Odisha) ... Applicant versus State Of Chhattisgarh Through- The Police Station Figeshwar District Gariyaband (C.G.) ... Respondent For Applicant : Shri Pravin Kumar Tulsyan, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/05/2025 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. 02/2025 registered at Police Station Figeshwar, District Gariyaband GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.02 19:52:05 +0530 2 (C.G.) under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act. 2. Case of the prosecution, in brief, is that on 03.01.2025 Police of Police Station Figeshwar District Gariyaband (C.G.) has received secret information regarding some persons carrying Contraband, Police has searched and seized, nitrazepam tablets of 40 (weighing 28 gram) from the present applicant and nitrazepam tablets of 50 (weighing 35 gram) from the possession of co-accused persons, thereafter, offence has been registered against the applicant and co-accused, subsequently they were arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband article was not seized from the exclusive possession of the applicant. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that the seized contraband article is less than the commercial quantity. He would submit that co- accused namely Vijay Sahu has been granted regular bail by this Court in MCRC No.1952/2025 on 10/03/2025. He later submits that the applicant has no criminal antecedent and he is in jail since 03.01.2025 and the 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 counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge- sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicant has no 3 criminal antecedent. He further submits that from the possession of the applicant contraband article i.e. nitrazepam tablets of 40 (weighing 28 gram) ban medicine has been seized, therefore, the present applicant is not entitled for grant of bail. 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 and the fact that the applicant has no criminal antecedent and the contraband article i.e. nitrazepam tablets of 40 (weighing 28 gram) ban medicine recovered from the possession of the applicant is less than the commercial quantity and the charge-sheet has been filed in the present case before the competent Court, also considering the fact that co-accused namely Vijay Sahu has been granted regular bail by this Court in MCRC No.1952/2025 on 10/03/2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Parmeshwar Sahu @ Parmesh Sahu, involved in Crime No. 02/2025 registered at Police Station Figeshwar, District Gariyaband (C.G.) under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, be released on bail on his 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. 4 (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 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 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 in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice gouri