1 2025:CGHC:14607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2372 of 2025 Vinay Kumar Singh S/o Fulaina Singh Aged About 46 Years R/o Behind Bengali Hotel, Heerapur, Behind M.G.A. School, Police Station Kabir Nagar, District Raipur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer Police Station Amanaka, District Raipur, Chhattisgarh. ...Non-Applicant For Applicant : Ms. Rekha Shrivastava, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/03/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 19/2025 registered at Police Station- Amanaka, District Raipur (C.G.), for the offence punishable under Section 21(B) of the Narcotic Drugs Psychotropic Substance Act. PREETI KUMARI Digitally signed by PREETI KUMARI 2 2. Case of the prosecution, in brief, is that on the date of incident i.e. 20.01.2025, the Police Station - Amanaka, District - Raipur (C.G.), being received some secret information from the informant about the illicit Codeine Phosphate and Triprolidne Hydrochioride cough lincuts 100 ML was kept by the present accused/applicant. On that the police raided the spot where the applicant was kept the illicit Codeine Phosphate and Triprolidne Hydrochioride cough lincuts 100 ML total 8 bottles contents of 800 M.L. respectively. On being searched made by the police and illicit Codeine Phosphate & Triprolidne Hydrochioride cough lincuts 100 ML total 8 bottles contents of 800 M.L. respectively was seized by the police, thereafter, the police has registered an offence punishable under section 21 (B) of Narcotics Drugs and Psychotropic Substance Act at Crime No. 19/2025 and, thereafter, the investigated the matter and filed the charge sheet against applicant in the competent court. On the basis of the above information, recovery and seizure made by the police and arrested the present accused/applicant for offence punishable under section 21 (B) of Narcotics Drugs and Psychotropic Substance Act. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant is driver and the contraband article have not been seized from the actual and exclusive possession of the present applicant neither he was any knowledge and conscious possession of above contraband. It is further submitted that the applicant has no previous criminal antecedents. It is also submitted that the charge-sheet has been filed and the applicant is in jail since 20.01.2025, hence he prays that the applicant be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the applicant has no previous criminal 3 antecedents. He further submits that the psychotropic substance which has been seized from the possession of the present applicant, is intermediate quantity, therefore, his bail application is liable to be dismissed. 5. Heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of psychotropic substance seized from the possession of the applicant, is intermediate quantity, further, the applicant has no previous criminal antecedents, the charege-sheet has been filed and the applicant is in jail since 20.01.2025, the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case without commenting on the merits of the case. 7. Accordingly, the bail application is allowed. Let the applicant- Vinay Kumar Singh involved in Crime No. 19/2025 registered at Police Station- Amanaka, District Raipur (C.G.), for the offence punishable under Section 21(B) of the Narcotic Drugs Psychotropic Substance 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. 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. Needles to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti