1 2025:CGHC:45984 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7164 of 2025 • Simran Jeet Singh Batra @ Simma S/o Maansingh Batra Aged About 24 Years R/o Kotis Kha, Gali No. 6, Masita Road, P.S. Kotis Kha, Distt. Monga (Punjab) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station - Amanaka, Raipur Distt. Raipur Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Wasim Miyan, Advocate For Respondent/State : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/09/2025 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.109/2025 registered at Police Station- Amanaka, District- Raipur (C.G.), for the offence punishable under Sections 21(b) of NDPS Act and 111 of BNS. 2. As per prosecution story in brief is that on 12.04.2025 a secret information was received by the police of Police Station – Amanaka, Raipur District- Raipur with the averment that the co- accused persons Tanmay Goindi and Mohammad Sohail has kept VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.10 18:03:19 +0530 2 some contraband and on the basis of the secret information search was made and seized 14.29 gm Heroin from them and arrested them and during the investigation memorandum of Mohammad Sohail has been recorded, in which he has stated that he deposited some amount in the UPI account of present applicant and he has been arrested on 20.05.2025. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. It is argued by learned counsel for the applicant is that only on the basis of memorandum statement of the co-accused namely Mohammad Sohail, present applicant has been implicated in crime in question. He further submits that contraband article has not been seized from the possession of the applicant and said contraband article has been seized from the co-accused Mohammad Sohail, Tanmay Goindi and Jaskaran Singh, who have already been granted bail by this Court in MCRC No.6538 of 2025, MCRC No.5955 of 2025 and MCRC No.6484 of 2025 vide order dated 28.08.2025. He also submits that applicant is in jail since 20.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant on the ground of parity. 4. Learned counsel 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 and applicant has no previous criminal antecedent and he is resident of the State of Punjab. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, considering the fact that applicant has no previous criminal antecedent and co-accused Mohammad Sohail, Tanmay Goindi and Jaskaran Singh, have already been granted bail by this Court in MCRC No.6538 of 2025, MCRC No.5955 of 2025 and MCRC No.6484 of 2025 vide order dated 28.08.2025 and applicant is in jail since 20.05.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Simran Jeet Singh Batra @ Simma, involved in Crime No.109/2025 registered at Police Station- Amanaka, District- Raipur (C.G.), for the offence punishable under Sections 21(b) of NDPS Act and 111 of BNS, be released on bail on their 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 4 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali