1 2025:CGHC:50980 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8075 of 2025 Karan Rangari S/o Mahendra Rangari Aged About 23 Years R/o Shankar Nagar, Durg, Thana Durg, District : Durg, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Mohan Nagar, District : Durg, Chhattisgarh ... Non-Applicant(s) For Applicant : Mr. Vikash Pradhan, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/10/2025 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 who has been arrested in connection with Crime No. 222/2025 registered at Police Station- Mohan Nagar, District- Durg (C.G.), for the offence punishable under Section 21(a) and 27(A) of the Narcotic Drugs and Psychotropic Substances Act. 2. Case of the prosecution, in brief, is that on 25.05.2025, acting upon a secret information received from an informant, the police came to know that the present applicant along with co-accused were going to transport illegal narcotic substance (brown sugar) from Ganj Sabji KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Mandi, Sikola Bhatha, Durg, on a Passion Pro motorcycle bearing registration No. CG-07-BL-9620. Thereafter, the police intercepted and checked the said vehicle and during the search, 2.5 grams of brown sugar (heroin) was recovered from the illegal possession of co-accused Devendra Vishwakarma @ Montu and the present applicant, Karan Rangari. On the basis of the said information and recovery, the aforesaid offences were registered, and subsequently, the applicant was arrested. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. It is contended that the quantity of contraband substance allegedly recovered from the joint possession of the applicant and the co- accused is only 2.5 grams of brown sugar (heroin), which is less than the small quantity as defined under the NDPS Act, wherein the small quantity for brown sugar is 5 grams. It is further submitted that the applicant has no criminal antecedents and in the present case, charge-sheet has been filed before the competent Court and he has been languishing in jail since 25.05.2025 and the conclusion of the trial is likely to take a considerable time. Therefore, it is prayed that the applicant may kindly be enlarged on bail. 4. On the other hand, learned State counsel, appearing for the State/non-applicant opposes the the prayer for grant of bail and submits that the quantity of contraband article which is said to have been recovered from the joint possession of the applicant, is less than commercial quantity, further the applicant has no previous criminal antecedent. However, looking to the seriousness of this 3 case, 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 fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the present case, charge-sheet has been filed before the competent and the applicant has no previous criminal antecedent however, the quantity of contraband article i.e. 2.5 gram of brown sugar (Heroin) which is said to have been recovered from the joint possession of the applicant along with co-accused, is less than the small quantity and the applicant is in jail since 25.05.2025 and the conclusion of the trial is likely to take some time therefore, I am inclined to grant bail to the applicant. 7. 7. Let the applicant – Karan Rangari, involved in Crime No. 222/2025 registered at Police Station- Mohan Nagar, District- Durg (C.G.), for the offence punishable under Section 21(a) and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, be released on bail on his 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 4 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 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 send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal