1 2025:CGHC:39596 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5627 of 2025 Siddharth Pandey S/o Raghvendra Pandey Aged About 34 Years R/o C18, Near Govt. Girls School, Shailendra Nagar P.S. City Kotwali Distt. Raipur, C.G. (correct address mentioned here) ... Applicant versus State Of Chhattisgarh Through P.S. New Rajendra Nagar, District Raipur (C.G.) ... Respondent For Applicant : Shri Pragalbha Sharma, 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 16:02:16 +0530 2 Nagar, District Raipur (C.G.) for the offence punishable under Sections 21 & 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (As per FIR) 2. The prosecution story, in brief, is that on 17.05.2025, a secret information was received by police of Police station New Rajendra Nagar Raipur (C.G.) that applicant along with other two co- accused namely Shubhank Paul and Sagar Peter are in possession of illegal narcotics substance and are in search of a buyer and are roaming around in vehicle bearing number CG04MV1022, on said information police intercepted the alleged vehicle and a search was conducted and on been searched police seized 2.670 grams of Cocaine from the applicant and 3.160 grams from Shubhank Paul and 1.620 grams from Sagar Peter. Further a memorandum was recorded where it was disclosed that the said illicit cocaine was purchased from Soumya Chakravarty. Hence the F.I.R. 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 been seized, and therefore, it will not attract the rigors of Section 3 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 2.670 grams of 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 2.670 grams of 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. 2.670 grams of 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 18/05/2025 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. Accordingly, the bail application is allowed and it is directed that the applicant Siddharth Pandey 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 Narcotic Drugs and Psychotropic Substances Act, 1985, 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 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. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-d/- (Ramesh Sinha) Chief Justice gouri