1 2025:CGHC:46377 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5476 of 2025 Ku. Kumkum Mahant @ Sonam D/o Suresh Das, Aged About 18 Years, 5 Month, R/o Village Thakurpali Godam P.S. Sarangarh, District Sarangarh- Bilaigarh (C.G.) ...Applicant versus State Of Chhattisgarh Through Thana In-Charge - Chakradhar Nagar, District Raigarh (C.G.) ...Non-applicant For Applicant : Mr. Rajendra Tripathi, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.09.2025 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. 278/2025 registered at Police Station – Chakradhar Nagar, District - Raigarh (C.G.) for the offence under Section 22 & 29 of the Narcotic Drugs and Psychotropic Substances Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.11 12:55:22 +0530 2 2. The prosecution story, in brief, is that on 22.06.2025 P.S. Chakradhar Nagar, Raigarh has received secret information that two persons are coming in Motor Cycle and having five can of 1ML X 250 Ampoules NRX PENTAZOCINE LACTATE INJECTION and 16 strips of NITRAZOHM-10 TABLETS, the Police Party reached there and seized from the present applicant. For the above reason complainant has lodged the F.I.R. in police station 3. The applicant is innocent and has been falsely implicated in the instant case. No specific allegation has been made against him. He has been in custody since 23.06.2025 and the trial is likely to take considerable time for its conclusion. The applicant is young and her entire future would be ruined if bail is denied. He is a permanent resident at the address mentioned in the cause title, with no likelihood of absconding or tampering with prosecution witnesses, and is ready to furnish adequate security and abide by any conditions imposed by this Hon’ble Court, therefore, he prays for grant of regular bail. 4. On the other hand, learned counsel appearing for the State/non- applicant. He further submits that from the possession of the applicant contraband article1ML X 250 Ampoules NRX PENTAZOCINE LACTATE INJECTION and 16 strips of NITRAZOHM-10 TABLETS was seized and applicant, 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, it is noted that the contraband article was not recovered from the 3 possession of the applicant rather, the recovery was made from the possession of the co-accused, which is less than the commercial quantity. Considering further that the applicant has been in jail since 23.06.2025 and that the conclusion of the trial may take some time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Ku. Kumkum Mahant @ Sonam, involved in Crime No. 278/2025 registered at Police Station – Chakradhar Nagar, District - Raigarh (C.G.) for the offence under Section 22 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 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 she 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 her 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 her in accordance with law, under Section 209 of the Bharatiya Nyaya 4 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 her 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