1 2025:CGHC:29560 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5040 of 2025 Saibi A Benjamin S/o David Shaul Benjamin Aged About 45 Years R/o New Shantinagar, Shivmandir Ward No. 31, Shankar Nagar, Raipur, Dist. Raipur (C.G.) (Name And Details As Per Mentioned In Order Sheet) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, P.S.- Civil Lines Dist. Raipur (C.G.) ... Respondent For Applicant : Shri Palaash Jha, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/07/2025 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.133/2025 registered at Police Station Civil Lines, District Raipur GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.02 18:12:00 +0530 2 (C.G.) for the offence punishable under Section 22(B) of N.D.P.S Act. 2. Case of the prosecution, in brief, is that that Sub-Inspector P.S Civil Lines, Raipur has lodged a FIR that on 25/03/2025 upon an information received through an informant, the police have on 26/03/2025 seized 25 Strips of SPASMO-PROXYVON PLUS capsules containing 200 capsules measuring 122 grams in 2 packets from Present applicant and seized 36 Strips of SPASMO-PROXYVON PLUS capsules containing 288 capsules measuring 175.68 grams from One Ashwani Pal total measuring 297.68 Grams. It is pertinent to mention here that the Irshad Khan has an amount of 17 Strips of SPASMO-PROXYVON PLUS capsules containing 136 capsules in total measuring a total of 82.96 grams has been seized by Irshad Khan. The said FIR was registered on 26/03/2025 against other co-accused and present applicant was falsely implicated on 29/03/2025 and arrested on 30/03/2025 under Section 22(b) N.D.P.S Act. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would further submit that co-accused, Irshaad Khan has been granted bail by this court in MCRC No. 4495 of 2025 on 16/06/2025, there is no criminal antecedent against the present applicant, he is in jail since 26/03/2025, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that charge sheet has been filed in the present case before the competent court. He would submit that there is no previous criminal antecedent against the present applicant. He would submit that 25 Strips of SPASMO-PROXYVON PLUS capsules containing 200 3 capsules measuring 122 grams in 2 packets has been seized from the present applicant which is less than 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 25 Strips of SPASMO-PROXYVON PLUS capsules containing 200 capsules measuring 122 grams in 2 packets has been seized from the present applicant which is less than commercial quantity, also considering the fact that co-accused, Irshaad Khan has been granted bail by this court in MCRC No. 4495 of 2025 on 16/06/2025, there is no previous criminal antecedent against the present applicant, period of detention of the applicant since 26/03/2025 and trial is likely to some time for its conclusion, 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-Saibi A Benjamin, involved in Crime No.133/2025 registered at Police Station Civil Lines, District Raipur (C.G.) for the offence punishable under Section 22(B) of N.D.P.S 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri