1 2025:CGHC:59806 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10123 of 2025 Mohammad Khan S/o Sikandar Khan Aged About 22 Years R/o Sanjay Nagar, Rdo Plot, Tikrapara, Police Station - Tikrapara District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Kabir Nagar, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Ali Afzaal Mirza, Advocate For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.12.2025 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. 190/2025 registered at Police Station Kabir Nagar District Raipur (C.G.) for the offence under Sections 21(B), 18(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 111 of Bharatiya Nyaya Sanhita, 2023 and 25 and 27 of Arms Act. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. Case of the prosecution, in brief is that on 29.08.2025, information was received from an informant that Rupinder Singh had been seen near Heerapur, in the vicinity of Bengali Hotel, and that he was carrying Heroin (Chitta). Acting upon the said information and after completing necessary formalities, the police reached Veer Savarkar Nagar, Heerapur, and conducted a raid at the house of Rupinder Singh, where he was found standing in the courtyard. Upon inquiry, he disclosed his name as Rupinder Singh @ Pinder. During the search, two live cartridges were recovered from the lower pocket of his trousers, and Heroin (Chitta) was found in a plastic zipper foil inside his house. Thereafter, additional quantities of Heroin (Chitta), Opium, along with a pistol and 80 live cartridges were seized from his possession. Consequently, an offence was registered under Sections 21(B) and 18(B) of the NDPS Act, Sections 25 and 27 of the Arms Act, and Section 111 of the B.N.S. Act, 2023. The seized contraband included 87.93 grams of Heroin (Chitta) valued at approximately ₹5,27,000/-, 91 grams of Opium valued at about ₹18,000/-, one country-made 7.62 mm bore firearm valued at approximately ₹50,000/-, and 82 pieces of live cartridges valued at ₹24,600/-. One Wi-Fi device valued at ₹5,000/- was also seized from the possession of the accused. The aforesaid offences were registered vide Crime No. 190/2025 for the offences punishable under Sections 21(B) and 18(B) of the NDPS Act, Section 111 of the B.N.S. Act, 2023, and Sections 25 and 27 of the Arms Act. After completion of investigation, the charge-sheet was filed before the Court of the Special Judge, NDPS Act 3 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. She further submits that the said contraband article was not seized from the possession of the present applicant. He also submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act. He further submits that similarly situated co- accused persons, namely, Naushad Khan and Arbaz Khan have already been granted bail by this Court vide orders dated 10.11.2025 and 05.12.2025 in MCRC Nos. 8958/2025 and 9991/2025 respectively. He also submits that the applicant has no criminal antecedents and he has been in jail since 30.08.2025 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submit that the charge- sheet has been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. He further submits that from the possession of the present applicant along with co-accused 87.93 grams of heroin, 91 grams of opium, and cartridges was seized, therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Taking into consideration the facts and circumstances of the case that in the present bail application the charge-sheet has been filed before the competent Court, the said contraband article was not recovered form the exclusive possession of the applicant and further the fact that co-accused persons, namely, Naushad Khan and Arbaz Khan have already been granted bail by this Court vide orders dated 10.11.2025 and 05.12.2025 in MCRC Nos. 8958/2025 and 9991/2025 respectively, and the case of present applicant is identical to that of the co-accused persons and the applicant has no criminal antecedents and he is in jail since 30.08.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Mohammad Khan, involved in Crime No. 190/2025 registered at Police Station Kabir Nagar District Raipur (C.G.) for the offence under Sections 21(B), 18(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 111 of Bharatiya Nyaya Sanhita, 2023 and 25 and 27 of Arms Act, 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. 5 (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 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan