1 2025:CGHC:32308 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3338 of 2025 Bhuneshwar Bareth S/o Dujram Bareth Aged About 26 Years R/o Nehru Nagar, Bateli, Police Station Dipka, District Korba Chhattisgarh. … Applicant versus State Of Chhattisgarh Through - Police Station Padmanabhpur, District Durg Chhattisgarh ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 352/2024 registered at Police Station Padmanbhpur, District Durg (C.G.) for the offence under Section 8, 21(C) and Section 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, in brief, on 16.09.2024, based on information received from an informer, the police of Police Station Padmanabhpur conducted a search of the co-accused, namely Hardik ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.11 18:31:50 +0530 2 Bhoi and Dilip Sahu, and found them selling narcotic drugs near Central Jail, Durg. Thereafter, the police searched the accused persons and seized Alprazolam tablets from them. Consequently, Crime No. 352/2024 was registered against Hardik Bhoi and Dilip Sahu. Based on the memorandum statements of the co-accused, the present applicant and two other co-accused persons have been implicated in this case. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He submits that the narcotic drug alprazolam tablet has not been seized from the possession of the applicant. He submits that the said contraband article were seized from the possession of the co-accused persons namely, Hardik Bhoi and Dilip Sahu and on the basis of their memorandum statement the present applicant has made an accused. He further submits that the present applicant has no criminal antecedents and he is in jail since 02.10.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the 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. He also endorses the submissions made by the learned counsel for the applicant that the applicant has no criminal antecedents. He submits that the said contraband articles were seized from the possession of the co-accused persons, namely Hardik Bhoi and Dilip Sahu, and on the basis of their memorandum statements, the present applicant has been made an accused, which shows that it is an 3 organized crime, therefore, the applicant is not entitled for grant of regular 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 that the said contraband articles were seized from the possession of the co-accused persons, namely Hardik Bhoi and Dilip Sahu, and on the basis of their memorandum statements, the present applicant has been made an accused, the case of the present applicant is distinguished from the case of the said co-accused person, moreover, the fact that the applicant has no criminal antecedents, the charge- sheet has been filed in the present case before the competent Court and the applicant is in jail since 02.10.2024, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Bhuneshwar Bareth, involved in Crime No. 352/2024 registered at Police Station Padmanbhpur, District Durg (C.G.) for the offence under Section 8, 21(C) and Section 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on 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 4 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. (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 Abhishek