1 2025:CGHC:21461 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3602 of 2025 Nikhil Fule S/o Shri Sanjay Fule Aged About 20 Years R/o Shiv Chowk, Rajendra Nagar, P.S. Civil Lines, Raipur, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. Rajim, District Gariyaband (C.G.) ... Non-applicant For Applicant : Mr. Kashif Shakeel, Advocate For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.05.2025 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. 89/2025 registered at Police Station Rajim, District Gariyaband, (C.G.) for the offence under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 25 of the Arms Act, 1959. 2. The case of the prosecution is that, upon receiving information from an informant, Police Station Rajim, District Gariyaband (C.G.), apprehended co-accused Piyush Goswami on 27.03.2025, who RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 was found in possession of 24 strips containing 10 tablets each of Nitrazepam Tablets IP (NITROSUN 10 mg). Accordingly, Crime No. 89/25 was registered under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. During the course of investigation, on the basis of the memorandum statement of the said co-accused, the present applicant was arrested on the following day. As per the charge sheet, the applicant was found in possession of 35 strips containing 10 tablets each (i.e., 350 tablets) of Nitrazepam Tablets IP (NITROSUN 10 mg) and one sharp knife, for which he failed to produce any bill, valid permit, or license. Consequently, a charge sheet has been filed under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 25 of the Arms Act, 1959. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. He further submits that the said contraband article was not seized from the possession of the present applicant. He also submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act. He further submits that the present applicant has no criminal antecedents and he is in jail since 28.03.2025 and 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 Panel Lawyer opposes the bail application of the present applicant and submit that the charge- sheet has already been filed in the present case before the 3 competent Court and also endorse the submission made by the learned counsel for the applicant. He further submits that from the possession of the present applicant 35 strips containing 10 tablets each (i.e., 350 tablets) of Nitrazepam Tablets IP (NITROSUN 10 mg) and one sharp knife were seized, therefore, the present applicant is not entitled for grant of 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 present applicant has no criminal antecedents and also considering the fact that in the present bail application the charge- sheet has been filed before the competent Court and he is in jail since 28.03.2025 and 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 – Nikhil Fule, involved in Crime No. 89/2025 registered at Police Station Rajim, District Gariyaband, (C.G.) for the offence under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 25 of the Arms Act, 1959, 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 4 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 her 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan