1 2025:CGHC:42432 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6615 of 2025 Ricky @ Vikash Nayak, Aged About 31 Years S/o Baikunth Nayak R/o Shrinagar, P.S. Khamtarai, Raipur, Distt. - Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer Of Police Station - Khamtarai, District Raipur Chhattisgarh ... Respondent For Applicant : Shri Sachin Nidhi, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/08/2025 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.313/2024 registered at Police Station Khamtarai, District - Raipur (C.G.) for the offence punishable under Sections 22(b) of NDPS Act, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.22 17:52:52 +0530 2 Section 25 of Arms Act, 1959. 2. Case of the prosecution, in brief, is that on 03.04.2024, on the basis of the information received by the informant, the Police Authority reached the place of incident i.e Sanyasi Para, Railway Under Bridge, PS- Khamtarai, Raipur and seized total of 236 capsules of SPASMO PROXYVON PLUS CAPSULE, DIYCLOMINE HYDROCHLORIDE IP 10 MG, TRAMADOL HYDROCHLORIDE IP 50 MG, ACLEMINOPHEN IP 325 collectively weighing 90.86 grams and a knife from the present applicant. On the basis of aforesaid story of the prosecution an FIR was lodged against the present applicant and one another for the offence of 22(b) of NDPS Act and Section 25 of the Arms Act, 1959 in connection with crime no. 313/2024 at Police Station-Khamtarai, Dist.- Raipur (C.G.). 3. It has been argued by learned counsel for the applicant that the contraband article total weight 90.86 grams which is said to have been recovered from the possession of the applicant is less than the commercial quantity as the commercial quantity is 250 grams. It is stated that though the charges were framed against the applicant on 22/08/2024 by the trial court but till date no prosecution evidence has been recorded. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 03/04/2024 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would further submit that the applicant 3 has one criminal antecedent under the Arms Act. 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, considering the fact that contraband article total weight 90.86 grams which is said to have been recovered from the possession of the applicant is less than the commercial quantity as the commercial quantity is 250 grams, period of detention of the applicant since 03/04/2024, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Ricky @ Vikash Nayak, involved in Crime No.313/2024 registered at Police Station Khamtarai, District - Raipur (C.G.) for the offence punishable under Sections 22(b) of NDPS Act, Section 25 of Arms Act, 1959, 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 court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may 4 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri