1 2025:CGHC:23830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4466 of 2025 Faheem Khan S/o Kalim Khan Aged About 32 Years R/o 17/1032 Anshik Parashad Gali Modha Para, P.S. Modhapara, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Tikrapara District - Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Ashish Gangwani, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.06.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 261/2025, registered at Police Station Tikrapara District - Raipur, C.G. for the offence punishable under Section 21(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story, in brief, is that on receiving information from the informer on 09.04.2025, Police Station - Tikrapara, Raipur police has recovered 03.21 grams of MD Drugs (Methamphetamine) from possession of the applicant. Thereafter, the police registered the offence PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.16 11:45:39 +0530 2 against the applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent has has been falsely implicated in this case. He further submits that from the possession of the present applicant intermediate quantity of the Psychotropic Substance i.e. 03.21 grams of MD Drugs (Methamphetamine) has been seized and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity for Psychotropic Substance as prescribed under the schedule is more than 50 grams and from the possession of the present applicant only 03.21 grams of MD Drugs (Methamphetamine) has been seized. It has been further argued that the applicant has no previous criminal antecedents. He also submits that the charge-sheet has been filed and the applicant is in jail since 09.04.2025 the trial is in progress, hence he prays that the applicant be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that total 03.21 grams of MD Drugs (Methamphetamine) has been recovered from the possession of the applicant, therefore, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case as well as considering the quantity of psychotropic substance total 03.21 grams of MD Drugs (Methamphetamine) seized from the possession of the applicant, which is less than commercial quantity and the applicant has no previous criminal antecedents, further the charge-sheet has been filed and the applicant is in jail since 09.04.2025, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let applicant, Faheem Khan 3 involved in Crime No. 261/2025, registered at Police Station Tikrapara District - Raipur, C.G. for the offence punishable under Section 21(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS 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 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 4 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti