1 2025:CGHC:50471 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7083 of 2025 Yash @ Yogvind Chandrakar S/o Digambar Chandrakar Aged About 19 Years R/o Darrabhatha Thana Seepat, District Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Sarkanda, District Bilaspur Chhattisgarh ... Respondent For Applicant : Shri Vikas Kumar Pandey, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/10/2025 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 bail to the applicant who has been arrested in connection with Crime No.976/2025 registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offence punishable under Section 21, 22 of N.D.P.S. Act. 2. Case of the prosecution, in brief, is that on 17/07/25 on the basis of GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.10 14:38:41 +0530 2 information given by the informer police of police station Sarkanda, District Bilaspur (C.G.) made search of applicant near RTO Office main road Lagra and seized Tramadol Capsule total 264 number of capsule from black Pittu bag thereafter police has registered the FIR vide Crime No.976/2025 against present applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicant Tramadol Capsule total 264 number of capsule has been seized, which is less than the commercial quantity. It is further submitted that applicant is in jail since 17/07/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there is no criminal antecedent of the applicant. It is submitted that from the possession of the applicant Tramadol Capsule total 264 number of capsule has been seized, which is less than the commercial quantity. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties as well as considering the quantity of contraband article seized from the possession of the applicant i.e. Tramadol Capsule total 264 number of capsule which is less than the commercial quantity, charge-sheet has been filed, there is 3 no criminal antecedents of the applicant, further that the applicant is in jail since 17/07/2025 and the conclusion of the trial is likely to take sometime, therefore I am of the opinion 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- Yash @ Yogvind Chandrakar, involved in Crime No.976/2025 registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offence punishable under Section 21, 22 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 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, 4 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