1 2025:CGHC:52824 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7525 of 2025 Amritpal Singh S/o Balraj Singh, Aged About 20 Years R/o- Tatibandh Gursagar Nagar, P.S. Aamanaka, District - Raipur (C.G.) ... Applicant Versus State Of Chhattisgarh Through Police Station Kabir Nagar District - Raipur (C.G.) ... Non-applicant For Applicant : Mr. Madhunisha Singh, Advocate For Non-applicant : Mr. Smriti Shrivastava, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 29.10.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant has been arrested in connection with Crime No. 121/2025 registered at Police Station – Kabir Nagar, District – Raipur (C.G.), for the offence punishable under Sections 21 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution's story in brief is that, on 17.07.2025, the police authorities of Police Station – Kabir Nagar, District – Raipur, received a secret information from an informant and on the basis of the said information, conducted a raid and seized 6.91 grams of Heroin (Chhitta) Drugs from the possession of the applicant. Thereafter the aforesaid offences were registered against the applicant. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and the said drug article i.e. 6.91 grams of Heroin (Chhitta) Drugs is less than the commercial quantity and therefore, it will not attract the rigors of Section 21 (B) of the NDPS Act, 1985. It is further submitted by the learned counsel for the applicant that the applicant has one criminal antecedent (Crime No. 245/2024, P.S. Kabir Nagar, Raipur for the offence under the BNS, 2023) against the applicant which has been disposed of by the learned Trial Court. He is in jail since 17.07.2025 and the 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, the learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has not been submitted before the competent Court in the present case and the investigation is still going on. However, she do not dispute the submission of counsel for the applicant that the applicant is having one criminal antecedent which has been disposed of. Hence, she prays that the applicant shall not be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the drug article i.e. 6.91 grams of Heroin (Chhitta) Drugs was recovered from the possession of the present applicant, which is less than commercial quantity. Moreover, the present applicant has one criminal antecedent which has already been disposed of by the competent Court. Also considering the fact that the applicant is in jail since 17.07.2025, 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. Let the Applicant – Amritpal Singh, involved in Crime No. 121/2025 registered at Police Station – Kabir Nagar, District – Raipur (C.G.), for the 3 offence punishable under Sections 21 (B) of the NDPS Act, 1985., be released on bail on furnishing personal bond with two local 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 his 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 his, 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 4 accordance with law. 8. Office is directed to send a certified copy of this order to the Trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Dey