1 2025:CGHC:47790 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6470 of 2025 Shubham Datta Valmiki S/o Sanjay Datta Valmiki, Aged About 27 Years R/o Shahbad Mohammadpur, Dwarika Sector-21, House No. 99, Gali No. 01, Police Station Dwarika Sector-23, South-West-Delhi (India) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Ratanpur, District - Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Paras Mani Shriwas, Advocate. For Non-Applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/09/2025 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. 327/2025 registered at Police Station - Ratanpur, District - Bilaspur (C.G.), for the offence punishable under Sections 21 and 29 of the Narcotic Drugs Psychotropic Substance Act, 1985 (for short, the ‘NDPS Act’). PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.18 18:53:56 +0530 2 2. As per the prosecution story, in brief, on 17.05.2025, police officers of Police Station Ratanpur, District Bilaspur (C.G.), allegedly recovered 6 grams of the contraband substance MDMA from the illegal possession of the applicant and co-accused persons Raju Singh, Nitesh Sharma, and Sumit Kumar Jatav. The recovery was made from a Baleno car bearing Registration No. CG-04-QC-1675 at Village Limha Toll Plaza, Highway Road. Accordingly, an offence under Sections 21 and 29 of the NDPS Act was registered in Crime No. 327/2025, and the accused persons, including the applicant, were 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. He 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 one previous criminal antecedent of similar nature of offence, which is pending, further the bail application of the co-accused person, namely, Raju Singh has already been granted bail by this Court vide order dated 25.07.2025 passed in MCRC No. 5834/2025, further 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. On the other hand, the learned counsel for the State opposes the 3 bail application but could not dispute the fact that the co-accused has been granted bail by this Court. He 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 the learned counsel for the parties, and considering that the quantity of the psychotropic substance seized from the possession of the present applicant is less than the commercial quantity, and further taking into account the fact that the co-accused, namely Raju Singh, has already been granted bail by this Court vide order dated 25.07.2025 passed in MCRC No. 5834/2025, and also noting that despite time having been granted to the State Counsel to provide information regarding the criminal antecedents pertaining to Delhi, the same has not been placed on record, and further the charge-sheet has already been filed and the applicant has been in jail since 17.05.2025, and the conclusion of the trial is likely to take some time, this Court is of the opinion that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant- Shubham Datta Valmiki 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 Psychotropic Substance Act, 1985 (for short, the ‘NDPS 4 Act’), be released on bail on his furnishing a 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 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 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 5 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