1 2025:CGHC:39598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5344 of 2025 Sagar Peter, S/o Late Shailendra Kumar Peter (Wrongly Mentioned As Shailendra Peter) Aged About 33 Years, R/o Shyam Nagar, Christian Colony, Infront Of Shri Ram Tower, P.S Telibandha, District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through, P.S.- Rajendra Nagar, District Raipur (C.G.) ... Respondent For Applicant : Shri Sudhanshu Kumar Singh, 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 15:58:59 +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 NDPS Act. 2. The prosecution story, in brief, is that on 17/05/2025, Police of Police Station Rajendra Nagar, District Raipur received a secret information regarding the narcotics substance i.e Cocaine and upon that information police personnel reached the crime spot near RamRama Residency, Mahavir Nagar, Raipur and arrested the applicant along with two other co-accused and it was alleged that the accused person were roaming around and were selling Narcotics Substance in the Car bearing Registration number CG 04 MV 1022 and upon the investigation from the present applicant Cocaine weighing 1.620 Gram was seized and from the other two co-accused also Cocaine was seized and the total weight of the contraband is 7.450 Gram and upon that the FIR was registered and upon completion of investigation charge sheet was filed before competent court. 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 seizure. He also submits that from the possession of the applicant intermediate quantity of the psychotropic substance Cocaine has 3 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 1.620 Gram 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 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 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 1.620 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. 1.620 Gram Cocaine recovered from the possession of the applicant is less than the commercial quantity, applicant has no criminal antecedents, charge-sheet has been filed in the present case, applicant is in jail since 17/05/2025 and conclusion of the trial is 4 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 Sagar Peter 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 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, 5 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/-/- (Ramesh Sinha) Chief Justice gouri