1 2025:CGHC:42459 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6383 of 2025 Mohammad Ismail Ansari S/o Mohammad Ramzan Aged About 32 Years R/o Village- Devnagar, Thana- Surajpur, District- Surajpur Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through- OfÏcer- In Charge Police Station Surajpur, District- Surajpur Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. Faisal Akhtar, Advocate For Non-applicant/State : Ms. Ankita Shukla, Penal Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.08.2025 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. 178/2025 registered at Police Station- Surajpur District – Surajpur (C.G.) for the offence under Sections 21(C) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that on 09.04.2025 at about 21.15 hrs, the information was received from an informer that Mohammad Ismail Ansari of village Devnagar Navapara is selling KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 narcotic drugs illegally near his house that information has been received through an informer and thereafter, police ofÏcials followed the same, raided the house of accused Mohammed Ismail Ansari, who was found present outside his house with a white colour plastic bag. Later, the plastic bag of the person who was found was searched in front of witnesses and 187 pieces of 0.2 ml Rexogesic Buprenorphine Injection were found in a white plastic bag and 187 pieces of 10 ml Pheniramine Maleate Avil Injection Vial were found in a black plastic bag and a sky blue cloth bag inside the bag. The items were recovered after searching the person who was found unconscious in front of witnesses and a recovery panchnama was prepared. The recovered narcotic drugs were identified by reading them out, showing them to the witnesses, who identified them as narcotic drugs, were recovered from the possession of the accused. Thereafter, the aforesaid offence was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant is suffering from HIV Positive since 2021 and because of ill health he is not capable of doing day to day daily routine work because of continue weakness and without proper medication he cannot survive. He further submits that the applicant also having responsibility of his two children, one 9 year old girl and other 12 year old boy and the applicant is only bread earner of the family. The applicant has not committed any offence what so ever. On the basis of doubt, he has been arrested. He further submits that 3 in the present case, charge-sheet has been filed before the competent Court and the applicant has no previous criminal antecedent further trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that in the present case, charge-sheet has been filed before the competent Court further the quantity of contraband article which is said to have been recovered from the possession of the applicant, is much above the commercial quantity however, in compliance of the Court’s order dated 12.08.2025, it has been informed that she has been verified that the present applicant has suffering from HIV Positive. 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 levelled against the applicant and further the fact that in the present case, charge-sheet has been filed before the competent Court further the quantity of contraband article which is said to have been recovered from the possession of the applicant, is much above the commercial quantity however, in compliance of the Court’s order dated 12.08.2025, it has been informed that the present applicant has suffering from HIV Positive therefore, considering the ailment of the applicant and period of detention of the applicant since 10.04.2025, this Court finds it appropriate to grant bail to the applicant. 7. Accordingly, the bail application is allowed. 4 8. Let the applicant – Mohammad Ismail Ansari, involved in Crime No. 178/2025 registered at Police Station- Surajpur District – Surajpur (C.G.) for the offence under Sections 21(C) of 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 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 sufÏcient 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 5 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 sufÏcient 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. OfÏce 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 Kunal