1 2025:CGHC:41789 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6513 of 2025 Netram Sahu Son Of Dukalu Ram Sahu Aged About 33 Years Permanent Address Village Jhiriya, Post And Police Station Channu, District - Bemetara, Chhattisgarh. At Present Resident Of Rawatpura Colony, Phase-II, Mathpurena, Police Station Tikarapara, District - Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Station Utai, District - Durg, Chhattisgarh. ... Respondent For Applicant : Shri Praveen Dhurandhar, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.19 17:35:14 +0530 2 bail to the applicant who has been arrested in connection with Crime No.198/2025 registered at Police Station Utai, District Durg (C.G.) for the offence punishable under Sections 8, 22 (A), 27 (A) of N.D.P.S. Act. 2. Case of the prosecution, in brief, is that, the concerned police received secret information that two persons are selling illicit contraband, subsequently a raid was conducted by the police and two of the accused namely Krishna Yadav and Ajay Yadav were napped and from their separate possession from Krishna Yadav the police seized 960 Tramadol Tablet, which is total 614.4 Gram and 30 Alprazolam Tablets which is total 3.6 Gram and from Ajay Yadav, the police seized 240 Tramadol Tablets, which is total 153.6 Grams and 38 Alprazolam Tablets, which is 4.56 GM and further in the investigation, the police seized from other co-accused Manoj Dongare 20 Alprazolam Tablets which is 2.46 GM and further seized from co-accused Goverdhan Lal Sinha, 300 Alprazolam Tablets which is 36 GM and during the investigation, on the memorandum, the present applicant who is the medical representative has also been arrested and there was no seizure of illegal contraband was made from the present applicant. 3. Learned counsel for the applicant submitted that no seizure has been made from pointing out of his possession, moreover there is no memorandum statement of the co-accused who are arrested with the contraband article, the name of the applicant has been disclosed only it has been stated on the basis of memorandum statement of the applicant he has been made an accused because of the fact that one person who is not an accused has stated that the applicant used to sell the contraband article to the co-accused persons. He would submit 3 that the charge sheet has been filed in this case, applicant has no criminal antecedents and he is in jail since 27/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the prayer for grant of bail and he would submit that charge sheet has been filed in this case and 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, nature of allegation levelled against the applicant, there is no seizure of illegal contraband article made from the applicant, applicant has no criminal antecedents, charge sheet has been filed in this case, period of detention of the applicant since 27/06/2025, case of the applicant is distinguishable from the case of the other co-accused persons and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Netram Sahu, involved in Crime No.198/2025 registered at Police Station Utai, District Durg (C.G.) for the offence punishable under Sections 8, 22 (A), 27 (A) of N.D.P.S. 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri