1 2025:CGHC:58607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9745 of 2025 Harsh Ahuja S/o Anil Ahuja Aged About 23 Years R/o Katora Talab Behind Ratan Palace, P.S. Civil Lines, District - Raipur (C.G.) (Name And Details Mentioned As Per Order Sheet) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, P.S. - Ganj, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ravi Kumar Kashyap, Advocate. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/12/2025 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. 222/2025 registered at Police Station Ganj, District Raipur (C.G.) for the offence punishable under Sections 21(b) and 29 of NDPS Act (as per charge-sheet). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 31.03.2025, Ganj Police received information and conducted action near Devendra Nagar Chowk, under the over-bridge on the road towards the railway station, Raipur. From the possession of the applicant/accused and the co-accused persons, 27.58 grams of MDMA was recovered. Based on the memorandum statement of the applicant, a larger drug racket was uncovered, and other accused persons were implicated on the basis of his disclosure. After completing the investigation, a charge-sheet was filed. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and they have been falsely implicated in offence in question. He further submits that the identically situated co-accused, Deep Dhanoriya, from whose possession seizure was made, has already been granted bail by this Court vide orders dated 19.11.2025 passed in MCRC No.9259/2025. The applicant is in jail since 23.08.2025, the applicant has no criminal antecedent, charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that 27.58 grams of MDMA recovered from the possession of the applicant and co-accused near Devendra Nagar Chowk, Raipur. Based on the applicant’s memorandum statement, a larger drug racket was uncovered, and several others were implicated. Therefore, the applicant is not 3 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, nature and gravity of offence, period of detention of the applicant in jail since 23.08.2025 and the fact that though the applicant is alleged to be part of the same drug-trafficking network in which 27.58 grams of MDMA was recovered, but considering the fact that the co- accused, namely, Deep Dhanoriya, from whose possession seizure was made, has already been granted bail by this Court vide orders dated 19.11.2025 passed in MCRC No.9259/2025 and the case of present applicant is identical to that of the aforesaid co-accused person, further the applicant has no criminal antecedents and charge-sheet has been filed, 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-Harsh Ahuja, involved in Crime No. 222/2025 registered at Police Station Ganj, District Raipur (C.G.) for the offence punishable under Sections 21(b) and 29 of NDPS Act (as per charge-sheet), be released on bail on their 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEFJUSTICE Akhil