1 2025:CGHC:39595 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5210 of 2025 Soumya Chakraborty S/o Shri Subir Kumar Chakraborty, Aged About 36 Years Permanent R/o HIG-208, Block-D, Kanchan Ashwa Parisar, Deen Dayal Upadhyay Nagar, Raipur, District Raipur (C.G.) Presently R/o A- 801, Gulmohar Queenstown, P.S. Kharadih, Pune (M.H.) ... Applicant versus State Of Chhattisgarh Through P.S. Rajendra Nagar, Raipur District Raipur (C.G.) ... Respondent For Applicant : Shri Kashif Shakeel, 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.11 15:56:55 +0530 2 Crime No.96/2025, registered at Police Station – Rajendra Nagar, District Raipur (C.G.) for the offence punishable under Sections 21 & 22 of Narcotic Drugs and Psychotropic Substances Act 1985. 2. The prosecution story, in brief, is that on 17.05.2025, on receiving a secret information the Police of Police Station Rajendra Nagar, Raipur (C.G.) seized in total 7.450 Grams Cocaine from possession of co-accused persons namely Shubhank Paul, Siddharth Pandey and Sagar Peter who were selling cocaine while roaming in a car CG-04/MV-1022. It is further alleged by the prosecution that accused Siddharth Pandey in his memorandum statement has stated that the Cocaine was given by the applicant. 3. Learned counsel for the submitted that the applicant has been falsely implicated in the said offence and the applicant had no role to play in commission of the alleged offence. He would submit that in fact there was no seizure from the possession of the applicant and the police of Police Station Rajendra Nagar, Raipur is trying to falsely implicate him and there is no evidence to suggest that the applicant was having any knowledge with relation to possession of contraband by other co-accused persons. He would submit that even if the entire case of prosecution is taken as it is then also no case is made out as against the present applicant, under the offence charged with, prima facie the prosecution has failed to gather any admissible evidence to establish the guilt of 3 applicant. He would further submit that the Cocaine is mentioned at entry no. 27 in the table annexed to the NDPS Act 1985 and the "Small Quantity" of this substance is mentioned as 2 Grams and "Commercial Quantity" is 100 Grams, thus the seized quantity in the present case, i.e. 7.450 Grams, is less then commercial quantity. It is further submitted that applicant is in jail since 30/05/2025 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 for the State opposes the bail application. She would submit that charge sheet has been filed in this case before the competent court and there is no criminal antecedents against the applicant in the State of Maharashtra. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the nature of allegation levelled against the applicant that he has supplied total 7.450 Grams Cocaine to the co-accused persons persons which has been seized from possession of said co- accused persons namely Shubhank Paul, Siddharth Pandey and Sagar Peter which is less than the commercial quantity, there is no criminal antecedents against the applicant in the State of Maharashtra, further that the applicant is in jail since 30/05/2025 and the conclusion of the trial is likely to take sometime, therefore 4 I am of the opinion 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 Soumya Chakraborty involved in Crime No.96/2025 registered at Police Station – Rajendra Nagar, District Raipur (C.G.) for the offence punishable under Sections 21 & 22 of Narcotic Drugs and Psychotropic Substances Act 1985, be released on bail on his furnishing a personal bond with two local 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 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. S Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri