1 2025:CGHC:54631 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8958 of 2025 • Naushad Khan S/o Sagir Ahmed Khan Aged About 24 Years R/o Raja Talab Behind Nurani Masjid Police Station Civil Lines Raipur (C.G.) ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station Kabir Nagar, District Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Prasoon Agrawal, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 190/2025, registered at Police Station – Kabir Nagar, District – Raipur (C.G.) for the offence punishable under Sections 21(b), 18(b) of NDPS Act, 111 of BNS, 2023 and 25, 27 of Arms Act. 2. The case of the prosecution, is that on 29.08.2025, acting upon secret information, the police of police station Kabir Nagar conducted a search at the residence of accused namely Rupinder Singh at Veer Savarkar Nagar, Raipur and recovered heroin weight about 17.31 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.12 11:05:46 +0530 2 grams and cartridges from his possession and house. During investigation Rupinder Singh disclosed that he along with his associates, had brought the contraband from Punjab to Raipur for sale and had distributed it amount his peddlers. The mobile phone data of co-accused Rupinder Singh revealed that the applicant along with other co-accused persons were in frequent contact with him and was one of his subordinate peddlers engaged in selling contraband. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case and submits that no seizure has been from the possession of the applicant and he has no connection of the applicant and said contraband article has been seized from the possession of the co- accused Rupendra Singh. He also submits that there is no any criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 30.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. He further submits that contraband article has been seized from the possession of the co-accused, no seizure has been made from the possession of the present applicant. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and considering the fact that contraband article has been seized from the 3 possession of the co-accused, no seizure has been made from the possession of the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 30.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Naushad Khan, involved in Crime No.21(b), 18(b) of NDPS Act, 111 of BNS, 2023 and 25, 27 of Arms Act, 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 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 4 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. Sd/- (Ramesh Sinha) Chief Justice vaishali