1 2025:CGHC:39528 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6239 of 2025 Praveen Kesarwani S/o Mr. Gopal Kesarwani Aged About 24 Years R/o New Mandi Gate, Pandaritarai, Near Gate Of Hanuman Mandir, P.S. Mowa, Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House Officer Telibandha, Distt. Raipur Chhattisgarh ... Non-Applicant For Applicant : Mr. Raza Ali, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/08/2025 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. 302/2025 registered at Police Station- Telibandha, District - Raipur (C.G.), for the offence punishable under Section 21 (b) of the Narcotic Drugs Psychotropic Substance Act. 2. Case of the prosecution, in brief, is that upon receiving information from the informer the respondent police on dated 19.05.2025 has conducted the search and seizure and found one accused namely Barun Sondre in PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.08 12:02:07 +0530 2 poseession of 17 strips of Pyeevon Spas Plus Tablets and from present applicant found 5 Strips of Nitrazepam Tablets Nitrosum and 5 strips of Alprazolam Tablets and the quantity of the aforesaid contraband i.e. Alprazolam is about 9.8 gram and Nitrozepam is about 57 gram. Thereafter taken the applicants in custody and registered the offences under the aforesaid Sections. 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 seized contraband is intermediate quantity and therefore, bar of Section 37 of NDPS Act would not apply. 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 19.05.2025, 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 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, therefore, his bail application is liable to be dismissed. 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 psychotropic substance seized from the possession of the present applicant, is less than commercial quantity, the applicant has no previous criminal antecedents, further the charge-sheet has been filed and the applicant 3 is in jail since 19.05.2025, 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 without commenting on the merits of the case. 7. Accordingly, the bail application is allowed. Let the applicant- Praveen Kesarwani involved in Crime No. 302/2025 registered at Police Station- Telibandha, District - Raipur (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 and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall 4 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. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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