1 2025:CGHC:32295 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5380 of 2025 Zaid Quraishi Son Of Rafi Quraishi Aged About 27 Years Resident Of Sanjay Nagar Rda Plot, P.S. Tikrapara District Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through The Police Station Tikrapara District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Ashwani Shukla, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 292/2025 registered at Police Station - Tikrapara District Raipur (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per prosecution, the crux of the case is on 21.4.2025 on the information of police informer the police team raided near behind New VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.11 16:41:24 +0530 2 Bus Stand Bhatagaon near Public Toilet and seized a one black bag in which two brown colour taped packets of 5-5 kgs measuring total 10 Kg illegal contraband Ganja. The Police Officer raided and seized 5-5 kg Ganja from the joint possession of applicant and prime accused. This search resulted in recovery of ganja in the bags. Thereafter, the police party accompanied by constables, who were called from the police station, raided and sealed Ganja. That was seized by a seizure memo. The accused is charged with offence under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act'). The Special Judge (NDPS), Raipur rejected his bail application on 26.6.2025. Therefore, this petition is being filed for kind consideration. The charge sheet has been filed on 12.6.2015. The Police station Tikrapara, Raipur arrested the applicant on 21.04.2025. Therefore, this application is being filed for grant of regular bail. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits the applicant is innocent and has been falsely implicated by the police in this plotted case. His nabbing ruins his future and lowering his self- esteem. The trial will take its usual time and the first offender and before this he has never been prosecuted for the offene and he is in jail since 21.04.2025, 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 submits that applicant 3 has one criminal antecedent, therefore he is not entitled for grant of regular 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 that the contraband article i.e. 10 kg of Ganja was recovered from the joint possession of the present applicant and other co-accused person and also considering the fact that the charge-sheet has been filed in the present case before the competent Court and the applicant is in jail since 21.04.2025, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Zaid Quraishi involved in Crime No. 292/2025 registered at Police Station - Tikrapara District Raipur (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing 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 4 his counsel. In case of her 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 him 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 concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice vaibhav