1 2025:CGHC:23411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3998 of 2025 Shashank Pandey @ Sem S/o Late Manish Pandey Aged About 28 Years Resident Of Satyam Vihar Colony, Raipura, P.S. D.D. Nagar, District Raipur Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Azad Chowk, Raipur, District Raipur (C.G.) ... Respondent For applicant : Shri C.R. Sahu, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/06/2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.37/2025 registered at Police Station Azad Chowk, Raipur Civil and Revenue District Raipur (C.G.) for the offence punishable under GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.13 18:03:26 +0530 2 Sections 22 (B) read with section 29 of N.D.P.S. Act (as per challan, section 8, 21, 27(a) of the N.D.P.S. Act). 2. Case of the prosecution, in brief, is that the Police of Police Station Supela, O.P. Smriti Nagar, Bhilai, District Durg (C.G.), had received secret information from the informant and on the basis of the said information conducted a raid and seized illegal ban medicine i.e. Nitazepam Tablets IP Nitrosun-10 total 220 nags, from the possession of the present applicant. Thereafter, the Police has registered the offence punishable under Sections 22(B) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant. 3. Learned counsel for the applicant submits that this is the second bail application of the applicant and the first bail application of the applicant was rejected by this Court on 13/05/2025. He would submit that ban medicine which is seized from the applicant is 158.36 gms which is less than commercial quantity, applicant is in jail since 4/02/2025, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application. She would submit that contraband article Nitazepam Tablets IP Nitrosun-10 total 220 nags total 158.36 gms illegal ban medicine were recovered from the possession of the present applicant, which is less than commercial quantity. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail 3 application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 13/05/2025 in MCRC No.3700/2025. Considering the fact that contraband article Nitazepam Tablets IP Nitrosun-10 total 220 nags i.e. 158.36 gms illegal ban medicine seized from the possession of the present applicant is less than commercial quantity and he is languishing in jail since 4/02/2025, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Shashank Pandey @ Sem, involved in Crime No.37/2025 registered at Police Station Azad Chowk, Raipur Civil and Revenue District Raipur (C.G.) for the offence punishable under Sections 22 (B) read with section 29 of N.D.P.S. Act (as per challan, section 8, 21, 27(a) 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. (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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri