1 2025:CGHC:52341 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8475 of 2025 Nayan Bhatia S/o Rakesh Bhatia, Aged About 19 Years, R/o Katora Talab Gali No. 02 Bhatia Bekari P.S. Civil Line, District – Raipur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Telibandha, District - Raipur Chhattisgarh ... Non-Applicant For Applicant : Ms. Aditi Joshi, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.10. 202 5 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. 516/2025, registered at Police Station – Telibandha, District - Raipur (C.G.) for the offence punishable under Sections 21(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story, in brief, is that upon receiving information PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.28 14:10:32 +0530 2 from an informer at Telibandha on 14.08.2025, the Raipur Police recovered 6.30 grams of heroin (chitta) from the joint possession of the applicant and two other co-accused persons. Thereafter, the police registered a crime and arrested the applicant in this matter. 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 submitted that the charge-sheet has been filed in this case. It is also submitted that from the joint possession of the applicant and co-accused person only 6.30 Grams of Heroin (Chitta) Drugs has been seized. Further, there is no previous criminal antecedents of the applicant and he is in jail since 14.08.2025 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 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 case and there is no previous criminal antecedents of the applicant. It is submitted that a total quantity of 6.30 Grams of Heroin (Chitta) drugs has been seized from the joint possession of the applicant and co-accused person, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of contraband article seized from the joint possession of the applicant and co-accused 3 person i.e. a total quantity of 6.30 Grams of Heroin (Chitta) drugs, which is less than the commercial quantity, further the charge-sheet has been filed and there is no previous criminal antecedents of the applicant and the applicant is in jail since 14.08.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant, Nayan Bhatia involved in Crime No. 516/2025, registered at Police Station – Telibandha, District - Raipur (C.G.) for the offence punishable under Sections 21(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, 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, proclamation under Section 84 of BNSS. is issued 4 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