1 2025:CGHC:43665 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6484 of 2025 Jaskaran Singh S/o Shri Harjinder Singh Aged About 24 Years R/o Sherewal Moga Thana Dharamkota, District - Moga (Punjab) ... Applicant versus State of Chhattisgarh Through - Police Station Amanaka, District - Raipur Chhattisgarh ... Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant/State : Ms. Saumya Sharma, 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. 109/2025 registered at Police Station- Amanaka, District - Raipur (C.G.), for the offence punishable under Section 21 (B) of the Narcotic Drugs Psychotropic Substance Act and under Section 111 of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, on 12/04/2025, based on information provided by an informer, the police of Police Station PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.29 11:00:47 +0530 2 Amanaka, District Raipur (C.G.), conducted a search of the main accused, Mohammad Sohel Khan, near the gate of Khedia Business Park, Chandandih. During the search, 14 grams and 29 milligrams of heroin (Chitta) were recovered from the possession of the main accused. Thereafter, the police registered the crime against Mohammad Sohel Khan and Tanmay Goinde. On the basis of the memorandum of the co-accused, the present applicant has been implicated in this case. 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 submits that the said heroin (Chitta) has not been seized from the possession of the present applicant. He further submits that the name of the present applicant has not been mentioned in FIR only on the basis of memorandum of co-accused person, namely, Moh. Sohail Khan, the present applicant has been falsely implicated in this case. 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 28.05.2025, 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 charge-sheet has been filed and the applicant has no previous criminal antecedents. 5. I have Heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the 3 fact that no seizure has been made from the possession of the present applicant, and his name has surfaced only in the memorandum statement of co-accused, namely, Moh. Sohail Khan, further the applicant has no previous criminal antecedents, the charge-sheet has been filed and the applicant is in jail since 28.05.2025, 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. 7. Accordingly, the bail application is allowed. Let the applicant- Jaskaran Singh involved in Crime No. 109/2025 registered at Police Station- Amanaka, District - Raipur (C.G.), for the offence punishable under Section 21 (B) of the Narcotic Drugs Psychotropic Substance Act and under Section 111 of Bharatiya Nyaya Sanhita, 2023, 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti