1 2025:CGHC:444 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8693 of 2024 Rahul Jangde S/o Ramkumar Jangde, Aged About 21 Years R/o Lalpur, Police Station-Gandai, District- Khairagarh-Chhuikhadan-Gandai (C.G.) ... Applicant versus State of Chhattisgarh Through- S.H.O. Police Station- Gandai, District- Khairagarh-Chhuikhadan-Gandai (C.G.) ... Non-Applicant For Applicant : Mr. Shikhar Agnihotri, Advocate. For Non-Applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 229/2024, registered at Police Station - Gandai, District- Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence punishable under Sections 21-(B) of the Narcotic Drugs and Psychotropic 2 Substance Act, 1985. 2. The prosecution story, in brief, is that based on information received from an informer, that the co-accused Yadoram Yadu kept some illegal intoxicating contraband at his medical store Surya Medical Store. According to the information a search was conducted by the police of police station searched the medical store of the co accused on dated 25.10.2024 and seized 90.324 grams of ALPRAZO 0.5 (ALPRAZOLAM) tablet from co-accused yadoram yadu, 38.56 grams of SPAS-TRONSCAN PLUS containing drug TARAMADOL from co-accused Khileshwar Dhankar. And the present applicant who went to purchase medicine for cough and cold was also implicated in the case and 34.942 grams of SPAS-TRONSCAN PLUS containing drug TARAMADOL and the present applicant was arrested for commission of the offence under Sections 21 (B) of the NDPS Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that applicant has no previous criminal antecedent and he is in jail since 25.10.2024, charge-sheet has been filed and trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application. He further submits that total 34.942 grams of SPAS-TRONSCAN PLUS containing drug TARAMADOL has been seized from the possession of the applicant. The charge-sheet has been filed in the present case. Hence, he is not entitled to be 3 enlarged on bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and the fact that the illicit drug Tramadol Tablets has been seized from the applicant, which is intermediate in quantity and the applicant has no criminal antecedents, charge-sheet has been filed and the applicant is in jail since 25.10.2024 and the conclusion of the trial is likely to take quite long time, without commenting on merits of the case, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application is allowed. Let the applicant - Rahul Jangde involved inCrime No. 229/2024, registered at Police Station - Gandai, District- Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence punishable under Sections 21-(B) of the Narcotic Drugs and Psychotropic Substance Act, 1985, 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 4 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/- Sd/- (Ramesh Sinha) Chief Justice Preeti