1 2025:CGHC:48072 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7416 of 2025 Deepak Vishwakarma @ Gudda Yadav S/o Punaram Vishwakarma Aged About 20 Years R/o Poolpara Ramgopal Tiwari Ward, Distt.- Mungeli (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station City Kotwali Mungeli, Distt.- Mungeli (C.G.) ... Non-applicant For Applicant : Ms. Indrapreet Kaur Chhabra, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.09.2025 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 Mungeli, District Mungeli (C.G.) for the offence punishable 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’s story, on 18.06.2025 a secret information was received from an informant that two persons were engaged in the illegal sale of brown sugar in front of the Community Hall situated at Pulpara, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.19 12:56:58 +0530 2 Ramgopal Tiwari Ward. Upon receiving the information, the Police of City Kotwali, Mungeli, reached the spot and, upon interrogation, the individuals disclosed their names as Lucky @ Avi Pathak and Deepak Vishwakarma (applicant). Their personal search was carried out in the presence of independent witnesses, wherein: from the possession of accused Lucky @ Avi Pathak, brown sugar weighing 20 grams, duly sealed and valued at approximately Rs. 1,00,000/-, was recovered and from the possession of the applicant Deepak Vishwakarma, brown sugar weighing 10 grams, duly sealed and valued at approximately Rs. 50,000/-, was recovered. During further investigation, it transpired that both the above-named accused had procured the seized contraband from one Karan Kumar Bind, resident of District Rohtas, Bihar, for the purpose of resale. Upon conducting a search of accused Karan Kumar Bind, the police recovered one country-made pistol and eleven live cartridges, for which he failed to produce any valid licence. Said firearm and ammunition were seized in the presence of witnesses, thereby attracting penal provisions under Sections 25 and 27 of the Arms Act, 1959. 3. It has been argued by learned counsel for the applicant that the present applicant has been falsely implicated in this case and said contraband article was not seized from the possession of the present applicant. She further submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. She also submits that the present applicant has four criminal antecedents, out of which only one case, which is under the Excise Act, is pending, while the remaining cases have been disposed of. She further submits that the co-accused person, namely, Karan Kumar in MCRC No. 6937/2025 has already been granted bail by this Hon’ble 3 Court vide order dated 02.09.2025, hence the applicant is also entitled to be released on bail on the ground of parity. 4. On the other hand, learned State counsel 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. Taking into consideration the facts and circumstances of the case that he present applicant has four criminal antecedents, out of which only one case, which is under the Excise Act, is pending, while the remaining cases have been disposed of and further, the other co-accused person, namely, Karan Kumar in MCRC No. 6937/2025 has already been granted regular bail by this Court vide order dated 02.09.2025, therefore, this Court is of the considered view that the present applicant is also entitled to be grant regular bail on the ground of parity in this Case. 7. 7. Let the Applicant – Deepak Vishwakarma @ Gudda Yadav, involved in Crime No. 268/2025 registered at Police Station City Kotwali Mungeli, District Mungeli (C.G.) for the offence punishable 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 his 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 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 4 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, 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 concerned for necessary information and compliance forthwith./- Sd/- (Ramesh Sinha) Chief Justice Abhishek