1 2025:CGHC:59713 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10055 of 2025 Manish Bhushan S/o Shiro Bhushan Aged About 36 Years R/o Rajiv Gandhi Ward, Jagdalpur, PS- Bodhghat, District- Bastar (C.G.) ... Applicant versus State of Chhattisgarh Through- Police Station- Bodhghat, District- Bastar (C.G.) ... Non-Applicant For Applicant : Mr. Pritam Singh, Advocate. For Non-Applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 67/2025, registered at Police Station - Bodhghat, District - Bastar (C.G.) for the offence punishable under Sections 21(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985. 2. The case of the prosecution is that, on the basis of secret information, the police recovered a total of 70.10 grams of Alprazolam tablets from the possession of the applicant and other co-accused. The substance is enlisted at Serial No. 178 of the notification, according to which the commercial quantity is 100 grams. The quantity recovered is more than PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.10 11:58:05 +0530 2 the small quantity but less than the commercial quantity. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that applicant has no previous criminal antecedent and he is in jail since 14.02.2025, charge-sheet has been filed and 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 State counsel opposes the bail application. He further submits that total 70.10 grams of Alprazolam tablets has been seized from the possession of the applicant and other co-accused, which is intermediate in quantity. The charge-sheet has been filed in the present case. He further submits that the applicant has one previous criminal antecedent under the IPC, hence, he is not entitled to be enlarged on bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and the fact that 70.10 grams of Alprazolam tablets has been seized from the possession of the applicant and other co-accused, which is intermediate in quantity and the applicant has one previous criminal antecedent under the IPC, the charge-sheet has been filed and the applicant is in jail since 14.02.2025 and the conclusion of the trial is likely to take quite long time, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application is allowed. Let applicant - Manish Bhushan involved in Crime No. 67/2025, registered at Police Station - Bodhghat, District - Bastar (C.G.) for the offence punishable under Sections 21(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985, 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 3 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 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. S Sd/- (Ramesh Sinha) Chief Justice Preeti