1 2025:CGHC:17646 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2422 of 2025 1 - Muhammad Atif Khan S/o Late Muhammad Salim Aged About 30 Years R/o Amandon, Police Station And Tahsil- Pratappur, District- Surajpur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station- Jaynagar, District- Surajpur (C.G.) ... Non-applicant For Applicant : Mr. D.N. Prajapati, Advocate For State : Mr. Hariom Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 323/2021 registered at Police Station- Jaynagar, District- Surajpur (C.G.), for the offence VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.21 12:22:24 +0530 2 punishable under Section 21(C) of Narcotic Drugs and Psychotropic Substance Act, 1985. 3. Case of the prosecution, in brief, is that on 19/12/2021, the police has received information from informer near Kenapara Samlai mandir NH-43, 130 pieces of Cough Syrup has been seized by the police from the applicant and also 158 pieces of Cough Syrup has been seized from other co-accused Kishan Yadav due to above reason, therefore, aforesaid offence has been registered against the applicant. 4. It has been argued by the learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the said article has not been seized from the exclusive possession of the applicant. He further submits that co-accused (Kishan yadav) has already been enlarged on bail vide order dated 10.05.2022 in MCRC No. 2489 of 2022. It is further submitted by the learned counsel for the applicant that the applicant is in jail since 19.12.2021 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State Counsel, appearing for the State/non-applicant would oppose the bail application and submits that in the present case, charge-sheet has been filed before the competent Court further, the cough syrup has been recovered from the possession of the present applicant therefore, the present applicant is not entitled for grant of bail. 3 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that in the present case, charge-sheet has been filed before the competent Court further, the co-accused has already been granted bail by this Court vide order dated 10.05.2022 in MCRC No. 2489 of 2022 and he is in jail since 19.12.2021 and the conclusion of trial will take sometime, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant- Muhammad Atif Khan, involved in Crime No. 323/2021 registered at Police Station- Jaynagar, District- Sarguja (C.G.), for the offence punishable under Section 21(C) of Narcotic Drugs and Psychotropic Substance 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 sufficient cause, the trial court may 4 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. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible, from the date of receipt of this order in accordance with law, if there is no legal impediment. 10. 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 vaishali