1 2025:CGHC:44710 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6937 of 2025 Karan Kumar S/o Surendra Bind, Aged About 21 Years R/o Bansariya, P.S. Sasaram, District Rohtas Bihar ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. City Kotwali, District Mungeli (C.G.) ... Respondent For Applicant : Mr. Sanskar Rajput, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.09.2025 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. 268/2025 registered at Police Station City Kotwali, District – Mungeli (C.G.) for the offence under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 and 27 of the Arms Act. 2. As per the prosecution story, in brief, on 18.06.2025 the police received information from an informant that two persons were illegally selling brown sugar in front of the community hall located at Phulpara, Ramgopal Tiwari Ward. One of them was described as wearing a white ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.03 11:00:34 +0530 2 vest and black half-pants, with no hair on his head, while the other was wearing a black full-sleeved shirt and blue jeans, carrying a white polythene bag in his hand. On the basis of the said information, a Dehati Nalishi was registered, and thereafter the police conducted a raid. During the raid, 30 grams of brown sugar was seized from the possession of the co-accused persons, namely Avi Pathak @ Lucky and Deepal Vishwakarma. Subsequently, the police registered an offence punishable under Section 21 of the NDPS Act and Sections 25 and 27 of the Arms Act against the accused persons. 3. It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He submits that an intermediate quantity of the psychotropic substance, i.e., brown sugar, weighing 30 grams in total, has been seized from the possession of the present applicant, but the commercial quantity for brown sugar is 250 grams. It has been further argued that the present applicant has two criminal antecedents under the IPC, and the applicant has been in jail since 30.06.2025, the conclusion of the trial may take some time, therefore, he prays for the 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 and submit that the charge-sheet has been filed in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of psychotropic substance brown sugar seized from the possession of the applicant i.e. 30 grams, which is less than commercial quantity, the applicant has no criminal 3 antecedents under the NDSP Act and the charge-sheet has also been filed, conclusion of the trial is likely to take sometime, and further that the applicant is in jail since 30.06.2025, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Karan Kumar, involved in Crime No. 268/2025 registered at Police Station City Kotwali, District – Mungeli (C.G.) for the offence under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 and 27 of the Arms Act, be released on bail on furnishing 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 his 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 4 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. 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 Abhishek