1 2025:CGHC:43662 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6042 of 2025 Ajay Motwani S/o Late Kishanchand Motwani Aged About 35 Years R/o Telibandha, Gali No. 02, Sindhi Colony, Ravigram, Near Jhulelal Temple, Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Chhura, District – Gariyaband, Chhattisgarh. ... Non-Applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/08/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 38/2025 registered at Police Station- Chhura, District – Gariyaband (C.G.), for the offence punishable under Section 21 (B) of the Narcotic Drugs Psychotropic Substance Act. 2. As per the prosecution story, in brief, the police received information from the informant that unknown persons were in possession of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.29 11:00:47 +0530 2 illegal drug heroin (Chitta) with the intention to sell it at Village Kosambuda, near Fingeshwar Tihara Mohd, District Gariyaband. Acting on this information, the police seized 9 grams of heroin (Chitta) from an open place at the scene of the incident. Thereafter, a seizure memo was prepared, and the applicant was arrested on 18.03.2025 for the alleged offence punishable under Section 21-B of the N.D.P.S. Act. 3. It has been argued by the learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the drugs heroin (Chitta) which has been seized by the police is less than the commercial quantity. Further, the applicant has no previous criminal antecedents. It is also submitted that the charge-sheet has been filed and the applicant is in jail since 18.03.2025, hence he prays that the applicant be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed and the applicant has no previous criminal antecedents. She further submits that quantity of contraband articles which has been seized from the possession of the present applicant, is less than the commercial quantity. 5. Heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of illegal drug heroin (Chitta) seized from the possession of the present applicant, is less 3 than commercial quantity, further the applicant has no previous criminal antecedents, the charge-sheet has been filed and the applicant is in jail since 18.03.2025, the conclusion of the trial is likely to take sometime, this Court is of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant- Ajay Motwani involved in Crime No. 38/2025 registered at Police Station- Chhura, District – Gariyaband (C.G.), for the offence punishable under Section 21 (B) of the Narcotic Drugs Psychotropic Substance 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 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti