1 2025:CGHC:36919 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5930 of 2025 Vinod Korwa S/o Naan Korwa Aged About 22 Years R/o Kenabandh Ambikapur, P.S. Ambikapur, District Surguja, C.G. ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Ambikapur, District Surguja, C.G. ... Non-applicant For Applicant : Ms. Seema Verma, Advocate. For Non-applicant/State : Mr. Sakib Khan, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.07.2025 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. 788/2024 registered at Police Station – Kotwali, Ambikapur District Surguja (C.G.) for the offence under Section 21-C of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution on 08.11.2024 at about 3:30 pm the police reached the bus stand and intercepted the applicant and found VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.29 18:57:45 +0530 2 600 Nos. of Anzolam tablets in a black colour polythin. Each tablet contain 0.5 mg narcotic (600 tablet x 0.5 mg narcotic = 300 mg i.e. 0.3 gram). Therefore, the aforesaid offence has been registered. 3. The applicant is innocent and has been falsely implicated, having no role in the alleged offence. The tablets were seized from an open area, not from the exclusive possession of the applicant. Mandatory compliance under Sections 42 and 50 of the NDPS Act has not been properly followed. The quantity allegedly recovered (0.30 grams) is far below the commercial threshold, as per the NDPS schedule. The applicant's case is distinguishable and separate from that of the co-accused, who has already been granted bail by this Hon’ble Court on 09/05/2025 (Annexure A/3). There is no direct evidence linking the applicant to the crime. He has been in custody since 08/11/2024, the charge sheet has already been filed, and no further custodial interrogation is required. Due to his detention, the applicant’s family is facing financial hardship, as he is one of the earning members. Therefore, in light of these facts, the applicant respectfully seeks consideration for bail. He also submits that the applicant is in jail since 08.11.2024, 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 Panel Lawyer opposes the bail application of the present applicant and submit that the charge-sheet has already been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. He further submits that from the possession of the present applicant 360 Nos. of Alprazolam Tablets in a black colour polythin Each tablet contain 0.5 mg narcotic (360 tablet x 0.5 mg narcotic 180 3 mg i.e. 0.18 gram) was 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, namely that the contraband article which was recovered from the possession of the applicant, which is less than the commercial quantity and applicant has no criminal antecedents and in this case one co-accused has also been granted bail by this Court in MCRC No. 3689 of 2025 passed in 09.05.2025 and the charge-sheet has been filed before the competent Court and that the applicant has been in jail since 08.11.2024 and conclusion of the trial likely to 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 -Vinod Korwa, involved in Crime No. 788/2024 registered at Police Station – Kotwali, Ambikapur District Surguja (C.G.) for the offence under Section 21-C 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. 4 (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through 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 her 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