1 2025:CGHC:48066 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7505 of 2025 Prashant Shukla S/o Ashvani Shukla Aged About 30 Years R/o Parsuram Ward Bhatapara, Police Station Bhatapara City, District : Balodabazar- Bhathapara, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Bhatapara City, District : Balodabazar-Bhathapara, Chhattisgarh ... Non-Applicant For Applicant : Mr. Vijay Shankar Mishra, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, 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 Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 453/2025 registered at Police Station - Bhatapara City, District : Balodabazar-Bhathapara (C.G.), for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.19 14:33:37 +0530 2 2. As per the prosecution story, Assistant Sub-Inspector of Bhatapara City received secret information that one Prashant Shukla had kept illegal contraband in his daily needs shop for the purpose of sale. Acting on this information, the police officials reached the spot, conducted a search, and seized 5.296 kg of contraband. Consequently, the aforesaid offence was registered against the applicant. Hence, this bail application. 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 further submitted that no contraband article has been seized from exclusive possession of present applicant although the contraband article which has been seized, is less than the commercial quantity. It is also submitted that the applicant have two previous criminal antecedents, one case is disposed of and another case is pending. The charge-sheet has already been filed, and the applicant is in jail since 21.08.2025 (as per impugned order). Hence, it is prayed that the applicant may be enlarged on bail. 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 bail application. 5. I have Heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact the quantity of contraband article which has been recovered, is less than the commercial quantity, further the applicant have two 3 previous criminal antecedents, one case is disposed of and another case is pending, the charge-sheet has been filed and the applicant is in jail since 21.08.2025, the conclusion of the trial is likely to take sometime, this Court is of the opinion that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let applicant - Prashant Shukla involved in Crime No. 453/2025 registered at Police Station - Bhatapara City, District : Balodabazar-Bhathapara (C.G.), for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on their 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, 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti