1 2025:CGHC:53595 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7190 of 2025 • Kunal Rajak S/o Manoj Rajak, Aged About 19 Years R/o Tikrapara, Yadav Mohalla, Thana City Kotwali, District Bilaspur (C.G.) ...Applicant versus • State of Chhattisgarh Through Police Station Tarbahar, District Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Titra Ram Patel, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.11.2025 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. 195/2025, registered at Police Station – Tarbahar, District – Bilaspur (C.G.) for the offence punishable under Section 21(B), 22, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story, in brief, is that a secret information was received by the Police of Police Station – Tarbahar, District – Bilaspur VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.04 17:54:31 +0530 2 (C.G.) through the informant and on the basis of such information that present applicant Kunal Rajak has some narcotic tablets in his possession and is trying to sell the same. Thereafter the police conducted raid and caught the Kunal Rajak and co-accused Rahul Patel and it is alleged that the police has seized Nitrazepam IP Nitrosun 10 Tablets total 200 tablets (110 gram) from Kunal and 240 tablets Nitrazepam IP Nitrosun 10 (132 gram) from the possession of Rahul Kumar Patel. Thereafter FIR has been registered against the present applicant. Hence, this bail application. 3. Learned counsel for the applicant would submit that the applicant has falsely been implicated in this case and he is in jail since 01.07.2025. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case. She further submits that the quantity of narcotic article i.e. Nitrazepam IP Nitrosun 10 Tablets total 200 tablets (110 gram) from Kunal and 240 tablets Nitrazepam IP Nitrosun 10 (132 gram) from the possession of co-accused Rahul Kumar Patel recovered from the possession of the co-accused persons, which is below the commercial quantity. 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 fact that quantity of narcotic seized 3 from the possession of the applicant and other co-accused i.e. Nitrazepam IP Nitrosun 10 Tablets total 200 tablets (110 gram) and 240 tablets Nitrazepam IP Nitrosun 10 (132 gram), which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed, and further that the applicant is in jail since 01.07.2025 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. Let the applicant, Kunal Rajak involved in Crime No.195/2025, registered at Police Station – Tarbahar, District – Bilaspur (C.G.) for the offence punishable under Section 21(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, 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 4 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 vaishali