1 2025:CGHC:45376 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6135 of 2025 Mohammad Nafess S/o Shri Mohammad Kalam Aged About 25 Years R/o. Mohalla Nijam Nagar, Hindpidi, Thana- Hindpidi, (U.P.) Present Address - Alishan Boot House Lattipara Kanker Distt.- North Baster Kanker (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station - Kanker, Distt.- North Baster Kanker (C.G.) ... Non-applicant For Applicant : Mr. Shreyansh Pathak, Advocate appearing through video conferencing. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.09.2025 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. 190/2025 registered at Police Station Kanker, District North Baster Kanker (C.G.) for the offence under Sections 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story in short is that on 29.06.2025, the police officers of Police Station Kanker, District North Bastar Kanker, received secret ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.06 11:39:36 +0530 2 information from an informant through mobile communication to the effect that a person near the new bus stand, Kanker Market Road, was in possession of intoxicating tablets and syrup for sale. Acting on this information, the police constituted a search team, conducted a search, and allegedly seized 800 ml of contraband article, namely Corex Syrup, from the applicant, which was kept in a plastic bag. After complying with the mandatory provisions of the Act, the applicants were arrested for the alleged commission of the offence. 3. It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that the allegation against the applicant is that he was selling contraband Corex syrup and was in possession of 800 ml of the said contraband article, which is less than the commercial quantity. He further submits that the present applicant has no criminal antecedents and he has been in jail since 30.06.2025, 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 submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedents. 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 the fact that the present applicant has no criminal antecedents, moreover, the fact that the charge-sheet has been filed in the present case before the competent Court and the applicant is in jail since 3 30.06.2025, 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 - Mohammad Nafess, involved in Crime No. 190/2025 registered at Police Station Kanker, District North Baster Kanker (C.G.) for the offence under Sections 22 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his 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 4 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. 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 Abhishek