1 2025:CGHC:39597 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5369 of 2025 Shubhank Pol S/o Sheetal Pol Aged About 35 Years R/o Near Mother Teresa School Katora Talab Police Station Civil Lines District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station- New Rajendra Nagar District Raipur (C.G.) ... Respondent For Applicant : Shri Shikhar Agnihotri, Advocate. For Respondent/State : Ms. Ankita Shukla,PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07/08/2025 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.96/2025, registered at Police Station – New Rajendra GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.11 16:00:38 +0530 2 Nagar, District Raipur (C.G.) for the offence punishable under Sections 21, 22 of NDPS Act. 2. The prosecution story, in brief, is that on 17/05/2025, on receiving information from the informant, the police of police station Rajendra Nagar, Raipur, taking action under the mandatory provisions of NDPS Act, at the incident site near Ramrama Residency, Mahavir Nagar, Raipur, the applicant / accused Shubhank Pol along with his two other companions / co-accused Sagar Peter and Siddharth Pandey along with him was roaming around in a red coloured Kia car bearing registration no. CG-04/MV-1022 and selling narcotic substances. Taking due action on this, narcotic substance cocaine weighing 3.160 grams was seized from the possession of applicant/accused Shubhank Pol and illegal narcotic substance cocaine weighing 1.620 grams was seized from the possession of co-accused Sagar Peter and narcotic substance cocaine weighing 2.670 grams was seized from the possession of accused Siddharth Pandey and investigation is being conducted against the above accused under Section 21, 22 NDPS Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband article Cocaine was not seized from the exclusive possession of the applicant. He further submits that there is violation of mandatory provision enshrined under Section 50 of NDPS Act of search and 3 seizure. He also submits that from the possession of the applicant intermediate quantity of the psychotropic substance Cocaine has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of Cocaine as prescribed under the schedule is more than 100 Grams and from the possession of the applicant only 3.160 grams Cocaine has been seized. He further submits that the applicant has no criminal antecedents, charge sheet has been filed and he is in jail since 18/05/2025 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 and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant has no criminal antecedents and from the possession of the applicant contraband article 3.160 grams Gram Cocaine is 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, also considering the fact that the contraband article i.e. 3.160 grams Cocaine recovered from the possession of the applicant is less than the commercial quantity, applicant has no criminal 4 antecedents, charge-sheet has been filed in the present case, applicant is in jail since 18/05/2025 and conclusion of the trial is likely to take sometime, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the applicant Shubhank Pol involved in Crime No.96/2025, registered at Police Station – New Rajendra Nagar, District Raipur (C.G.) for the offence punishable under Sections 21, 22 of 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 5 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 forthwith. Sd/-Sd/- (Ramesh Sinha) Chief Justice gouri