1 2025:CGHC:51146 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8175 of 2025 Lukesh Kumar Singh (As Per Arrest Memo), S/o Shri Kumar Singh Aged About 28 Years, R/o Camp 01, Road No. 18, Near Maurya Niwas, Vaishali Nagar, District Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Jamul, District Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Uttam Pandey along with Smt. Pooja Sinha, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 629/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Jamul, District Durg (C.G.) under Section 21(b), 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 27.07.2025, Sub- Inspector Punit Ram Suryavanshi of Police Station Jamul, District Durg, received secret information that three persons were sitting in a car (No. CG 04 AN 8888) near Battees Acre Housing Board Nala and were illegally selling brown sugar (chitta). Acting on the information, the police conducted a raid and searched the accused persons. From co-accused Deepak Naykar, a white plastic pouch containing 10.550 grams of brown sugar was seized. From co- accused Vaibhav Soni, an amount of Rs.1200/- allegedly earned from the sale of the contraband and a mobile phone were seized. Although no contraband was recovered directly from the present applicant Lukesh Kumar Singh, he was found involved in the offence under Section 27(a) of the NDPS Act, indicating active participation in the sale of the contraband. The seized substance, brown sugar (Diacetylmorphine), falls under the intermediate quantity category above small quantity (5 grams) but below commercial quantity (250 grams). After investigation, a charge- sheet was filed against the accused persons for the offences punishable under Sections 21(b) and 27(a) of the NDPS Act. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband substance was not seized from the exclusive possession of the applicant as the said contraband substance was seized from the co-accused 3 Deepak Naykar. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He further submits that the applicant had no knowledge that the co-accused was carrying the said contraband substance in the vehicle, which is also less than the commercial quantity. He later submits that the applicant has no criminal antecedent and he is in jail since 27.07.2025 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, 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 before the competent Court and also endorse the said submission that the applicant has no criminal antecedent. He further submits that from the possession of co-accused contraband article i.e. 10.550 grams of brown sugar containing in white plastic pouch was seized which he was carrying in the car along with the present applicant, 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 and the fact that the applicant has no criminal antecedent and the contraband article i.e.10.550 grams of brown sugar containing in white plastic pouch was seized from the possession of co-accused which he was carrying in the car along with the present applicant is 4 less than the commercial quantity and the charge-sheet has been filed in the present case before the competent Court, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant - Lukesh Kumar Singh, involved in Crime No. 629/2025 registered at Police Station Jamul, District Durg (C.G.) under Section 21(b), 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on his 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 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil