1 2025:CGHC:49877 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6442 of 2025 Nafis Parves @ Akshay @ Aslam S/o Mohammad Gulam Aged About 29 Years R/o Fatehpur, Mukeritola, P.S. Zero Mile, Industrial Area Bhagalpur, District – Bhagalpur, Bihar --- Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Dongargarh District Rajnandgaon Chhattisgarh. --- Non-Applicant MCRC No. 6913 of 2025 Sajan Kumar Kansara S/o Gangaram Kansara Aged About 35 Years R/o Danteshwari Para Ward No.02, House Of Banshi Kirana Store Dongargarh Ps- Dongargarh, District- Rajnandgaon (C.G.) Permanent, R/o Village- Sabor, Thatheritola, Post and PS- Sabor, District- Bhagalpur (Bihar) ---Applicant Versus State Of Chhattisgarh Through Station House Officer Police Station Dongargarh, District- Rajnandgaon (C.G.) --- Non-Applicant For Applicant (MCRC No. 6442/2025) : Mr. Rahil Arun Kochar, Advocate. For Applicant (MCRC No. 6913/2025) : Mr. Prasoon Agrawal, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Advocate. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.08 13:55:30 +0530 2 Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07/10/2025 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the First bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 214/2025 registered at Police Station- Dongargarh, District- Rajnandgaon for the offence punishable under Section 21(B) of Narcotic Drugs and Psychotropic Substance Act, 1985. 3. As per the prosecution's story, in brief, on 11.05.2025, Police Station Dongargarh, District Rajnandgaon (C.G.), received secret information from an informant. Based on this information, a raid was conducted at the place of incident, during which the applicant, namely Sajan Kumar Kansara, was arrested and NITRAZEPAM tablets I.P. NITZASCEN 10 (20 strips, totaling 200 tablets) were seized. Based on the memorandum statement of the co-accused, he disclosed that the alleged contraband was purchased from a person named Aslam. Pursuant to this memorandum statement, applicant, Nafis Parves, was arrested solely on the basis of suspicion on 31.05.2025 in connection with Crime No. 214/2025, Police Station Dongargarh, District Rajnandgaon (C.G.). Hence, this bail application. 4. Learned counsel for the applicants submits that the applicants are 3 innocent and have been falsely implicated in that case. They further submits that no seizure has been made from the possession of the applicant, namely, Nafis Parves @ Akshay @ Aslam. They also submits that the contraband article has been seized from the possession of the applicant, namely, Sajan Kumar Kansara. They also submits that the applicants have no previous criminal antecedents, the charge-sheet has been filed and they are in jail since 11.05.2025 and 31.05.2025. Hence, they prays for grant of bail. 5. Learned State counsel opposes the bail application and submits that the charge-sheet has been submitted. She further submits that the applicants have no previous criminal antecedent in the State of Bihar and the applicant, namely, Sajan Kumar Kansara has one previous criminal antecedents in the State of Chhattisgarh. She also submits that the contraband article which has been seized from the present applicant, is less than the commercial quantity. Therefore, they are not entitled for grant of regular bail. 6. I have heard learned counsel for the State and perused the material available on record. 7. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicants and the fact that the contraband article which has been seized from the present applicant, is less than the commercial quantity, further the applicants have no previous criminal antecedents in the State of Bihar, the charge-sheet has been filed in the present case before the competent Court and the applicants are in jail since 11.05.2025 4 and 31.05.2025, respectively, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly the bail applications are allowed. 8. Accordingly the bail applications are allowed. Let the applicants – Nafis Parves @ Akshay @ Aslam (MRCR No. 6442/2025) and Sajan Kumar Kansara (MCRC No. 6913/2025) involved in Crime No. 214/2025 registered at Police Station- Dongargarh, District- Rajnandgaon for the offence punishable under Section 21(B) of Narcotic Drugs and Psychotropic Substance Act, 1985, be released on bail on their furnishing a personal bond with two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of BNS. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of BNSS is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of BNS. 5 (iv) The applicants 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 applicants are 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 them in accordance with law. 9. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 10. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- Sd Sd/- (Ramesh Sinha) Chief Justice Preeti