1 2025:CGHC:58372 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9719 of 2025 Ayan Parvez S/o Nahid Parvez Aged About 29 Years R/o- House No. YE- 16, Yash Vihar, Motinagar, PS- Tikrapara, Raipur, District- Raipur (C.G.) (Incomplete Address Mentioned In The Cause Title of Impugned Order) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Ganj District Raipur (C.G.) ... Non-applicant For Applicant : Ms. Aditi Singhvi, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.12.2025 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. 222/2025 registered at Police Station Ganj, District Raipur (C.G.) for the offence under Sections 22(C) and Section 29 r/w Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the case of the prosecution, on 31.03.2025, the police of Ganj Police Station received information that three persons, aged about 20 to 25 years, were illegally carrying narcotic substances and were standing ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.03 15:24:46 +0530 2 near Devendra Nagar Chowk. Upon receiving this information, the police apprehended three persons, namely Monu Bishnoi, Harsh Ahuja, and Deep Dhanoria, and seized 27.58 grams of MDMA, wrapped in white plastic, from their possession. Additionally, the Sonet car bearing registration number CG/04/QJ/5466, which was used in the incident, along with five mobile phones and cash amounting to Rs. 85,300/-, was also seized. However, though it was initially alleged that the seized substance was MDMA, the FSL report has confirmed that the said substance is Cocaine. The present applicant has been implicated solely on the basis of the memorandum statement of the co-accused. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He submits that no contraband article has been seized from the possession of the applicant and that he has no connection with the alleged offence. He further submits that the applicant has been made an accused solely on the basis of the memorandum statements of the co-accused persons, and that the seized contraband article, i.e., cocaine, is of intermediate quantity. He also submits that although the present applicant has 06 criminal antecedents, he has already provided an explanation for the same. The applicant has been in jail since 01.09.2025, and the conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case and further the fact that no recovery has been made from the possession of the present applicant and he has no criminal antecedents under the NPDS Act, moreover, the charge-sheet has already been submitted before the competent Court, the applicant has been in jail since 01.09.2025, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Ayan Parvez, involved in Crime No. 222/2025 registered at Police Station Ganj, District Raipur (C.G.) for the offence under Sections 22(C) and Section 29 r/w Section 22(C) 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 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 his 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 4 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 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek