Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:60103
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8822 of 2025 Divyansh Singh Thakur S/o Devi Singh Aged About 19 Years R/o Khuntapara, Dongargarh, Police Station / Tehsil Dongargarh, District Rajnandgaon Chhattisgarh
... Applicant versus State of Chhattisgarh Through The Police Station Dongargarh, District - Rajnandgaon Chhattisgarh.
... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 10.12.2025
1. This is the 昀椀rst bail application 昀椀led 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. 504/2025 registered at Police Station Dongargarh, District - Rajnandgaon (C.G.) for the o昀昀ence under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Case of the prosecution, in brief is that on 01.10.2025 the police of Police Station Dongargarh received a secret information that the present applicant was involved in selling contraband substances RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 within Dongargarh city. Acting upon the said information, the police raided the indicated location and apprehended the applicant while he was carrying contraband articles in his vehicle bearing registration No. CG 04 PB 2307. During the search, three strips of Nitrazhom-10, each strip containing 10 tablets, totalling 30 tablets weighing 22.69 grams, were seized from the possession of the applicant. Accordingly, an o昀昀ence under Section 21(B) of the NDPS Act was registered against him.
3.
Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. He further submits that the said contraband article was not seized from the possession of the present applicant. He further submits that the applicant has no criminal antecedents and he has been in jail since 01.10.2025 and 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 Panel Lawyer opposes the bail application of the present applicant and submit that the charge- sheet has been 昀椀led in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. He further submits that from the possession of the present applicant three strips of Nitrazhom-10, each strip containing 10 tablets, totalling 30 tablets weighing 22.69 grams were seized, 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. 3
6. Taking into consideration the facts and circumstances of the case that the present applicant has no criminal antecedents and also considering the fact that in the present bail application the charge- sheet has been 昀椀led before the competent Court and he is in jail since 01.10.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicant – Divyansh Singh Thakur, involved in Crime No. 504/2025 registered at Police Station Dongargarh, District - Rajnandgaon (C.G.) for the o昀昀ence under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on 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 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed 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 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 昀椀xed 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 昀椀xed 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 su昀케cient 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. O昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice Rahul Dewangan