1 2025:CGHC:33058 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5494 of 2025 Ekansh Tripathi S/o Santosh Tripathi Aged About 27 Years R/o Sector-3, Gali No. 01, Professor Colony, P.S. Purani Basti, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer (S.H.O.) P.S. - Purani Basti, Distt.- Raipur (C.G.) ... Respondent For Applicant : Shri Ashutosh Biswas, Advocate. For Respondent/State : Ms. Vaishali Mahilong, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.52/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.16 17:38:24 +0530 2 Purani Basti, District Raipur (C.G) for the offence punishable under Section 22 (B) of NDPS Act. 2. Case of the prosecution, in brief, is that on 23.02.2025, based on information received from an informant, the police of P.S. Purani Basti allegedly found illegal narcotic tablets being kept for sale near the Pahadi talab sulabh toilet were 250 pieces of anti- psychotic tablets NITRAZEPAM TABLETS IPESA NITROSUN 10 weighing 175 grams were allegedly seized from the possession of accused Ekansh Tripathi. Crime No. 52/2025 has been registered against the applicant/accused under section 22B NDPS ACT at P.S. Purani Basti, Raipur and after investigation charge sheet has been presented. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband article was not seized from the exclusive possession of the applicant. He further submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that the seized contraband article is less than the commercial quantity and applicant is in jail since 23/02/2025 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 3 charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant has two criminal antecedents and from the possession of the applicant contraband article i.e. 250 pieces of anti-psychotic tablets NITRAZEPAM TABLETS IPESA NITROSUN 10 weighing 175 grams 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 and the fact that the contraband article i.e. 250 pieces of anti- psychotic tablets NITRAZEPAM TABLETS IPESA NITROSUN 10 ban medicine weighing 175 grams recovered from the possession of the applicant is less than the commercial quantity, applicant is in jail since 23/02/2025, charge-sheet has been filed and conclusion of the trial is likely to take some time, 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-Ekansh Tripathi, involved in Crime No.52/2025 registered at Police Station Purani Basti, District Raipur (C.G) for the offence punishable under Section 22 (B) 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 4 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, 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri