1 2025:CGHC:18129 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3041 of 2025 Dipesh Yadav S/o Raghunath Yadav Aged About 32 Years R/o Village Aasna, Police Station Kotwali, District Jagdalpur Chhattisgarh. ... Applicant versus The State Of Chhattisgarh Through The Station House Officer, Police Station Kotwali, District Jagdalpur Chhattisgarh. ... Respondent For applicant : Shri Amit Kumar Sahu, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/04/2025 1. Proceeding 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. 08/2025 registered at Police Station Kotwali, District Jagdalpur (C.G.) under Section 21(B) of Narcotic Drugs and Psychotropic Substance Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.24 15:58:17 +0530 2 3. Case of the prosecution, in brief, is that on 06.01.2025 the police had received secret information from the informant, that the applicant had kept sedative drug for the purpose of sale. On the basis of above information the police made search the place and found 52 pieces capsule (52 x 0.5) in total 26 grams (wrongly mentioned in order sheet 0.26 gram) from the possession of the applicant. On the basis of said seizure the applicant is arrested. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband article i.e. capsule was not seized from the exclusive possession of the applicant. He also submits that from the possession of the applicant 52 pieces capsule (52 x 0.5) in total 26 grams has been seized which is less than commercial quantity. He also submits that the applicant has no criminal antecedent, charge sheet has been filed, he is in jail since 06/01/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. 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 criminal antecedent. She further submits that from the possession of the applicant contraband article 52 pieces capsule (52 x 0.5) in total 26 grams is seized which is less than commercial quantity. 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 and the fact that the applicant has no criminal antecedent and the contraband 3 article 52 pieces capsule (52 x 0.5) in total 26 grams recovered from the possession of the applicant is less than the commercial quantity, charge- sheet has been filed and applicant is in jail since 06/01/2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant - Dipesh Yadav involved in Crime No.08/2025 registered at Police Station Kotwali, District Jagdalpur (C.G.) under Section 21(B) of Narcotic Drugs and Psychotropic Substance Act, 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 sufÏcient 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 4 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/-Sd/- (Ramesh Sinha) Chief Justice gouri