1 2025:CGHC:20276 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3433 of 2025 Doman Sahu @ Dadu Sahu S/o Hemshankar Sahu Aged About 19 Years R/o House No. 707 Indraprasth Colony, P.S. D.D. Nagar, District Raipur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Purani Basti, District Raipur Chhattisgarh. ... Respondent(s) For Applicant : Shri B.L. Sahu, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/05/2025 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.17/2025 registered at Police Station Purani Basti District Raipur (C.G.) for the offence punishable under Section 20 (B) of the N.D.P.S. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.03 11:17:44 +0530 2 Act. 2. The prosecution story, in brief, is that a secret information was received by the Police of Police Station – Purani Basti, District – Raipur (C.G.) through the informant and on the basis of such information, the Police has seized a total of 128.5 Gms of NITRAZEPAM TABLET from the possession of the present applicant and the co-accused person. Thereafter, the applicant was arrested by the Police and the aforesaid ofence has been registered. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicant and co-accused person only 128.5 Gms of NITRAZEPAM TABLET has been seized, which is less than the commercial quantity. He would further submit that co-accused namely Mohammad Azhar has been granted regular bail by this court in MCRC No. 2926 of 2025 on 01.05.2025. It is further submitted that applicant is in jail since 21.01.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there is one criminal antecedent of the applicant under the IPC of the year 2022. It is submitted that a total of 128.5 Gms of NITRAZEPAM TABLET has been recovered from the possession of the applicant and the co-accused person, therefore, this bail application is liable to be rejected. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of contraband article seized from the possession of the applicant and co-accused i.e. a total of 128.5 Gms of NITRAZEPAM TABLET, which is less than the commercial quantity, also considering the fact that co-accused person namely Mohammad Azhar has been granted regular bail by this court in MCRC No. 2926 of 2025 on 01.05.2025, charge-sheet has been filed, there is only one criminal antecedent of the applicant under the IPC of the year 2022 and further that the applicant is in jail since 21.01.2025 and 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. 7. Let the Applicant- Doman Sahu @ Dadu Sahu, involved in Crime No.17/2025 registered at Police Station Purani Basti District Raipur (C.G.) for the offence punishable under Section 20 (B) of the N.D.P.S. 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri