1 2025:CGHC:43686 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4426 of 2025 Vivek Jatav S/o Suresh Jatav Aged About 23 Years R/o Rajnagar, Jatav Basti, P.S. Kotwali, Dist. Karouvali, Rajasthan ... Applicant versus State Of Chhattisgarh Through P.S. Civil Line, Bilaspur, District - Bilaspur (C.G.) ... Respondent For Applicant : Shri Vibhor Govardhan, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/08/2025 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.552/2025 registered at Police Station Civil Line Bilaspur, (C.G.) for the offence punishable under Section 21 of N.D.P.S. Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.29 16:48:29 +0530 2 2. Case of the prosecution, in brief, is that on 17.05.2025 on receiving information from the informer, that the sweeper/attainder of the AC coach involve in the transportation of the M.D.M.A. and as per information at Motorcycle Stand of Uslapur Railway Station, 3.70 gm M.D.M.A. was recovered from the possession of the applicant and the applicant was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He submits that prosecution agency has not followed the mandatory provisions of the NDPS Act. He also submits that from the possession of the applicant contraband article M.D.M.A. i.e. 3.70 gm has been seized which is less than commercial quantity. He submits that the applicant has no criminal antecedent, he is in jail since 17/05/2025 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. She submits that the applicant has no criminal antecedents and from the possession of the applicant contraband article i.e. 3.70 gm M.D.M.A. is seized which is less than the commercial quantity. 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, considering the fact that contraband article i.e. 3.70 gm M.D.M.A. recovered from the possession of the applicant is less than the 3 commercial quantity, applicant has no criminal antecedents, he is in jail since 17/05/2025 and conclusion of trial is likely to take some time, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant -Vivek Jatav involved in Crime No.552/2025 registered at Police Station Civil Line Bilaspur, (C.G.) for the offence punishable under Section 21 of 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 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 4 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/- Sd/- (Ramesh Sinha) Chief Justice gouri