1 2025:CGHC:28258 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3645 of 2025 Lakky S/o Shivprasad Aged About 25 Years R/o Village Sodakothi P.S. Masjid Ke Pass Fatuha District - Patna Bihar ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Panduka District- Gariyaband (C.G.) ... Respondent For Applicant : Shri Rekhraj Baghel, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/06/2025 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.09/2025 registered at Police Station Panduka District Gariyaband (C.G.) for offence punishable under Sections 22 (B), 29 of the N.D.P.S. Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.27 18:21:44 +0530 2 2. Case of the prosecution, in brief, is that the police has given information by the informant that the unknown persons have kept illegal ban Medicine to sell in his possession and police has seized total Nitrazepam Tablets IP 10 ()Nitrosun 10 Nitrazepam IP 10 9 patte 10-10 nag tablet total 90 nag tablet from place of incident and thereafter prepared the seizure memo and arrested the applicant and others accused persons on 02.03.2025 for alleged offence publishable under section 22 (B), 29 N.D.P.S. Act 3. Learned counsel for the applicant submitted that there is no seizure of any contraband article was made from his possession whereas the contraband which was recovered was from the co-accused was less than the commercial quantity and it is alleged that the co-accused used to sent money after the sale of the contraband to the applicant and his name has come into light in the memorandum statement of co-accused. He submits that the applicant has no criminal antecedent and he is in jail since 02/03/2025 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, 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. 3 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, also considering the fact that there is no seizure of any contraband article was made from the possession of applicant whereas the contraband which was recovered was from the co-accused was less than the commercial quantity and the co- accused used to sent money after the sale of the contraband to the applicant and name of applicant has come into light in the memorandum statement of co-accused, charge-sheet has been filed, applicant is in jail since 02/03/2025 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 - Lakky, involved in Crime No.09/2025 registered at Police Station Panduka District Gariyaband (C.G.) for offence punishable under Sections 22 (B), 29 of the N.D.P.S. 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. 4 (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 gouri