1 2025:CGHC:60975 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8936 of 2025 Niklesh Kumar Sahu S/o Bhikham Ram Sahu Aged About 20 Years R/o House No. 109, Shanti Chaunk, Ward No. 6, Bhendari, Post Loharsi, Police Station Panduka, District - Gariyabandh (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Panduka, District - Gariyabandh (C.G.) ... Respondent For Applicant : Shri Tarun Dansena, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/12/2025 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.68/2025 registered at Police Station Panduka, District - Gariyabandh (C.G.) for the offence under Section 22(B) of the Narcotics Drugs and Psychotropic Substances Act. 2. Case of the prosecution, in brief, is that on 20.08.202 at the turn to go to village Kopra Mudtarai, at Police Station Panduka, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.16 11:49:52 +0530 2 Gariyabandh, accused Kaushal Patel was selling narcotic drugs in violation of the provisions and rule of the NDPS Act Medicine Alprazolam Tablets IP 0.5 mg Total tablets 50 pieces with total weight 8 grams 5 milligrams and leaf weighing 10 grams 26 milligrams were found to be kept in his possession for the purpose of illegal sale, in relation to which no document of any kind was made available by the accused Kaushal Patel. On taking the accused Kaushal Patel into custody and questioning, he said that he had obtained it from the applicant /accused's J.P. Pharma Medical Store. The entire articles were seized, the present applicant was arrested, statement of the witnesses were recorded and the further investigation is being conducted by the Panduka, District police station Gariyabandh (C.G.). 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant is merely a shop worker and had no knowledge of, or involvement in, the alleged crime committed by the co-accused. It is further submitted that the mandatory provisions of the NDPS Act have not been complied with. He would submit that as per the prosecution case itself, the alleged recovery of Alprazolam tablets was made from the possession of the co-accused and no recovery has been shown against the present applicant. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 21/08/2025 and conclusion of trial will take some time, therefore, he prays for grant of 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- 3 sheet has been filed in the present case before the competent Court and she would submit that the applicant has no criminal antecedent. She would further submit that from the possession of the co-accused narcotic drug, namely Alprazolam Tablets IP 0.5 mg, totaling 50 tablets has been seized which is less than commercial quantity and allegation against the present applicant is that the said co-accused had procured the said Alprazolam tablets from the Medical Store of applicant, therefore applicant is not entitled to be released on bail. 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, further the fact that co-accused from whom Alprazolam Tablets IP 0.5 mg, totaling 50 tablets has been seized is less than commercial quantity and allegation against the applicant is that the said co-accused had procured the said Alprazolam tablets from the Medical Store of applicant, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Niklesh Kumar Sahu, involved in Crime No.68/2025 registered at Police Station Panduka, District - Gariyabandh (C.G.) for the offence under Section 22(B) of the Narcotics Drugs and Psychotropic Substances Act, 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:- 4 (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, 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. - Sd/- (Ramesh Sinha) Chief Justice gouri