1 2025:CGHC:57808 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9631 of 2025 Kishore Kumar Sinha S/o Late Radhe Lal Sinha, Aged About 48 Years R/o Pendri Single Quarter Ward No. 20 P.S.- Lalbag, District Rajnandgaon (C.G.) (As Per Challan) ... Applicant versus State of Chhattisgarh Through Police Station Kotwali Rajnandgaon, District Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Ashish Gangwani, Advocate along with Mr. Karanjeet Bodhani, Advocate For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.11.2025 1. This is the 8rst bail application 8led 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. 605/2025 registered at Police Station Kotwali Rajnandgaon, District Rajnandgaon (C.G.) for the o;ence under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution is that, upon receiving information from an informer on 07.10.2025, the Police Station Kotwali, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Rajnandgaon conducted a recovery of 100 capsules/tablets weighing 73.900 grams (10 strips of Nitrazepam tablets/drugs) from the possession of the applicant. Additionally, 66.500 grams of Nitrazepam tablets/drugs were seized from a co-accused, making the total seized quantity 140.400 grams. Thereafter, the police registered Crime No. 605/2025 and arrested the applicant in this matter. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated and is innocent, as no evidence exists to show his involvement in the alleged o;ence. It is further submitted that the alleged recovery of 73.900 grams from the applicant and 66.500 grams from the co-accused, totaling 140.400 grams, is below the commercial quantity prescribed under Table No. 221 of the Central Government Noti8cation. It is also submitted that no narcotic substance was actually recovered from the possession of the applicant. He further submits that the applicant has no criminal antecedents and he has been in jail since 08.10.2025 and conclusion of the 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 of the present applicant and submit that the charge- sheet has been 8led in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. She further submits that 100 capsules/tablets weighing 73.900 grams (10 strips of Nitrazepam tablets/drugs) from the possession of the applicant and 66.500 grams of Nitrazepam 3 tablets/drugs were seized from a co-accused, total 140.400 grams was seized, therefore, the present applicant is not entitled for grant of 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 that in the present bail application the charge-sheet has been 8led before the competent Court, the said contraband article which was seized form the possession of the applicant is less than commercial quantity and the applicant has no criminal antecedents and he is in jail since 08.10.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant – Kishore Kumar Sinha, involved in Crime No. 605/2025 registered at Police Station Kotwali Rajnandgaon, District Rajnandgaon (C.G.) for the o;ence under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on 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 8le an undertaking to the e;ect that he shall not seek any adjournment on the dates 8xed 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. 4 (ii) The applicant shall remain present before the trial court on each date 8xed, either personally or through his counsel. In case of his absence, without suDcient 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 8xed 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 8xed 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 suDcient 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. ODce is directed to send a certi8ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan