1 2025:CGHC:60107 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8377 of 2025 Sagar Jaiswal S/o Vijay Kumar Jaiswal Aged About 28 Years R/o Aamrapali Vananchal City Flat No B/70, Bhilai Tehsil And District- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through- Police Station Mohan Nagar, District- Durg (C.G.) ... Non-applicant For Applicant : Mr. B.P. Singh, Advocate For Non-applicant/State : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.12.2025 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. 460/2025 registered at Police Station Mohan Nagar, District- Durg (C.G.) for the offence under Sections 21(b) and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that on 10.09.2025 Sub- Inspector S.R. Nareti received secret information from an informer RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 that six persons sitting in a red Kiger car were selling the narcotic substance Brown Sugar (Chitta) near Dhamdha Road Sabji Mandi, Durg. Acting upon the said information, the police personnel along with independent witnesses proceeded to the spot, conducted a raid, and after serving search notices, apprehended the co-accused persons. Upon search, Brown Sugar (Chitta) weighing approximately 246 grams, valued at about Rs.19,68,000/-, was recovered from the dickey of the said car, along with the seizure of a mobile phone. Thereafter, all six accused persons were arrested, and the present offence was registered. Hence this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, and his implication is merely based on suspicion. It is submitted that the applicant has been suffering from mental and behavioural disorder due to multiple drug use and impulse-control disorder, for which he has been under medical treatment. The applicant was admitted in a rehabilitation centre at Bilaspur from 26.07.2025 to 10.09.2025, and therefore he could not have been present at the place of occurrence on the alleged date of incident. Copies of the admission and discharge records have been placed on record. It is further submitted that the applicant had fallen into drug addiction, and considering his condition, his father had even informed the City Superintendent of Police, Durg on 26.03.2025, offering details of persons involved in narcotic activities. Nothing has been seized from the possession of the applicant, and the quantity involved in the case is only of an intermediary nature. It is also pointed out that 3 a similarly situated accused, Vaibhav Soni who was also a drug addict and suffering from mental disorder has already been enlarged on bail by the learned Trial Court. The applicant has recently come out of addiction, and continued detention at this stage would cause undue hardship, especially when the investigation is still underway. He further submits that the applicant has no criminal antecedents and he has been in jail since 07.10.2025 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submit that the charge- sheet has not been filed in the present case before the competent Court. He further submits that from the joint possession of the present applicant and other co-accused persons Brown Sugar (Chitta) weighing approximately 246 grams, valued at about Rs.19,68,000/- were 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. 6. Taking into consideration the facts and circumstances of the case that though the charge-sheet has not been submitted yet but the fact that the applicant was undergoing treatment in a rehabilitation centre from 26.07.2025 to 10.09.2025 and was therefore not present at the place of incident, and further that a similarly situated co-accused suffering from similar mental health issues has already 4 been granted bail by the learned trial Court, further the present applicant has no criminal antecedents and he is in jail since 07.10.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicant – Sagar Jaiswal, involved in Crime No. 460/2025 registered at Police Station Mohan Nagar, District- Durg (C.G.) for the offence under Sections 21(b) and 27(a) 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 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 5 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