1 2025:CGHC:50961 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8108 of 2025 Durgesh Dewangan @ Pintu S/o Ramesh Dewangan Aged About 31 Years R/o Ambedakar Aawas, ITI Colony, Raigarh, Tah. And District Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through Thana In-Charge, P.S. Chakradhar Nagar, District Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Rajendra Tripathi, Advocate. For Non-applicant/State : Mr. Hariom Rai, 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. 278/2025 registered at Police Station Chakradhar Nagar, District Raigarh (C.G.) for the offence punishable under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution is that, on 22.06.2025, Police Station Chakradhar Nagar received secret information that the applicant was in possession of 1 ml × 250 ampoules of NRX Pentazocine Lactate Injection and 16 strips of Nitrazepam-10 tablets. Acting upon the said ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.14 17:41:43 +0530 2 information, the police party reached the spot and seized the aforesaid articles from the present applicant. On the basis of the said seizure, the complainant lodged the FIR at the police station. 3. It has been argued by learned counsel for the applicant that the present applicant has been falsely implicated in this case and said contraband article was not seized from the possession of the present applicant. He further submits 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 co-accused person, namely, Ku. Kumkum Mahant @ Sonam has already been in granted regular bail by this Court in MCRC No. 5476 of 2025 vide order dated 10.09.2025, hence the applicant is also entitled to be released on bail on the ground of parity. 4. On the other hand, learned State counsel would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 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 as the other co-accused person, namely, Ku. Kumkum Mahant @ Sonam has already been in granted regular bail by this Court in MCRC No. 5476 of 2025 vide order dated 10.09.2025 and the case of the present applicant is identical to the case of the said co-accused, therefore, this Court is of the considered view that the present applicant is also entitled to be grant regular bail on the ground of parity in this Case. 7. Let the Applicant – Durgesh Dewangan @ Pintu, involved in Crime No. 278/2025 registered at Police Station Chakradhar Nagar, District 3 Raigarh (C.G.) for the offence punishable under Sections 22 and 29 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 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 4 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 concerned for necessary information and compliance forthwith./- Sd/- (Ramesh Sinha) Chief Justice Sd/- Abhishek