1 2025:CGHC:36093 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5834 of 2025 Raju Singh S/o Ramjeet Singh Aged About 31 Years R/o Hindu Inmentka, Chakarbhatha Bilaspur At Present R/o Agyeya Nagar A-1, 35 Tarbahar, District - Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Ratanpur District - Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Ms. Deeksha Jaiswal, Advocate For Respondent(s) : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.327/2025, registered at Police Station- Ratanpur District - Bilaspur (C.G.) for the offence punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the ‘NDPS Act’). RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The prosecution story, in brief, is that, on the basis of information received through informant, the Police of Police Station, Ratanpur has allegedly recovered 6 Grams contraband substance M.D.M.A. from illegal possession of applicant and other co-accused Shubham Dutt @ Walmiki, Nitesh Sharma and Sumit Kumar Jatav from Baleno Car bearing Registration No. CG-04-QC-1675 at Village Limha Toll Plaza Highway Road. Accordingly the offence under Sections 21 and 29 of N.D.P.S. Act has been registered in Crime No. 327/2025 and the accused persons including applicant have been arrested. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the instant case. The concerned police authorities have not complied the mandatory provision of N.D.P.S. Act during investigation and registered FIR against the present applicant which is against the law. She further submits that the commercial quantity of M.D.M.A. seized is 10 grams, whereas the police personnel have allegedly recovered 06 grams, which is much less than the commercial quantity. So far as criminal antecedents of the applicant is concerned, the applicant has four previous criminal antecedents, out of which, two are explained in para 4(A) of the bail application and other two are between year 2013 to 2021, which are old and stale. Lastly, though the charge- sheet has already been filed and the applicant is languishing in jail since 17.05.2025, the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicant. 4. Learned counsel for the State opposes the bail application of the 3 applicant but admits that the charge-sheet has already been submitted and the quantity of contraband article seized from the applicant is of intermediate quantity. 5. Heard learned counsel for the parties and perused the case diary. 6. After hearing learned counsel for the parties as well as considering the fact that from the possession of the present applicant and other co-accused, M.D.M.A. weighing 6 grams has been seized, which is less than commercial quantity as the commercial quantity of M.D.M.A. is 10 grams and further applicant has 04 previous criminal antecedents, out of which two have already been explained in para 4(A) of the bail application, charge-sheet has been filed and the conclusion of the trial is likely to take sometime, and further that the applicant is in jail since 17.05.2025, I am of the opinion that the applicant is entitled to be released on bail in this case without commenting on the merits of the case. 7. Let applicant, Raju Singh, involved in Crime No.327/2025, registered at Police Station- Ratanpur District - Bilaspur (C.G.) for the offence punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the ‘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 4 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 Rahul Dewangan