1 2025:CGHC:48583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6537 of 2025 Rajkumar Dewangan S/o Kantilal Dewangan Aged About 42 Years R/o Village - Salhebhata, P.S. Komakhan, Distt - Mahasamund Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Police Station - Arang, District - Raipur Chhattisgarh ... Non-applicant For Applicant : Ms. Priyanka Rai Mishra, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.09.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 429/2025 registered at Police Station - Arang District - Raipur (C.G.) for the offence under Section 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per prosecution story, on 01.08.2025 on the basis secret information the police of P.S. - Arang caught hold of the co-accused VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.23 10:23:50 +0530 2 Revati alias Laxmi Devdas and seized 700 grams Ganja (Cannabis) from her. The accused has been implicated on the basis of her memorandum. 3. The applicant respectfully submits that he has been implicated in the present case solely based on the memorandum of co-accused Revati alias Laxmi Devdas, from whom 700 grams of contraband was seized. No incriminating material or contraband has been recovered from the applicant, who has been unnecessarily roped into the case due to animosity with police personnel. The alleged offence is triable by a Magistrate and does not attract punishment of death or life imprisonment. The applicant has been in custody since 01.08.2025 and is the sole breadwinner of his family, whose members are suffering due to his detention. He is a permanent resident of the address mentioned in the cause title, with no likelihood of absconding, and is ready to furnish adequate surety and abide by all directions and conditions imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application of the applicant. 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, the present case is solely based on the memorandum of co-accused Revati alias Laxmi Devdas, from whom 700 grams of contraband was seized, and that no incriminating material or contraband has been recovered from the applicant, and also considering the fact that the 3 applicant has no previous criminal antecedents and has been in custody since 01.08.2025, and that the conclusion of the trial may take some time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Rajkumar Dewangan, involved in Crime No. 429/2025 registered at Police Station - Arang District - Raipur (C.G.) for the offence under Section 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing 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 she 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 her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance 4 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 her in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice vaibhav