1 2025:CGHC:15295 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2556 of 2025 • Kashmir Singh Urf Sira S/o Harinder Singh Aged About 45 Years R/o Sondongari Roadbalaji Green City P.S. Kabir Nagar, District - Raipur Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Police Station Gudhiyari District - Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Aashish Gangwani, Advocate For Non- applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 01/04/2025 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. 23/2025 registered at Police Station Gudhiyari, District Raipur, (C.G.) for the offence punishable 2 under Sections 21 and 29 of Narcotic Drugs and Psychotropic Substances Act. 2. Case of the prosecution, in brief, is that on receiving secret information from the informer on 26.01.2025, Police Station – Gudhiyari, Raipur accused Kashmir Singh was caught with truck No. CG-04/PG-1313, and the narcotic substance Heroin (Chitta) in a small plastic foil kept inside the cabin drawer of the truck, which weighed 22.19 grams seized from the separate possession of the applicant thereafter, the police registered crime No. 23 of 2025 against the applicant. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in offence in question. The applicant is in jail since 26.01.2025. The charge-sheet has been filed and no further investigation is required, however, conclusion of the trial is likely to take some time. He further submitted that co- accused namely Shadika Begum has already been granted bail by this Hon’ble Court in M.Cr.C. No.2304 of 2025 vide order dated 24.03.2025 and as such, on the ground of parity, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that according to charge-sheet applicant has no previous criminal antecedents, looking to the overt act application may be reject. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant, the fact that the conclusion of the trial may take some time and further that one of the co-accused namely Shadika Begum has already been granted bail by this Hon’ble Court in M.Cr.C. No. 2304 of 2025 vide order dated 24.03.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Kashmir Singh URF SIRA, involved in Crime No. 23/2025 registered at Police Station Guidhiyari, District Raipur, (C.G.) for the offence punishable under Sections 21 and 29 of NDPS 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. (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. 4 (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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law within a period of six months , if there is no legal impediment. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.02 11:44:16 +0530