1 2025:CGHC:58606 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9753 of 2025 Sachin Dhruv S/o Bhanupratap Dhruv Aged About 23 Years R/o Parag Narsing Home, Street Sahupara, Fafadih Chowk Raipur, Tahsil And District Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Mahasamund, District Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pawan Kumar Kesharwani, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/12/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 349/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Mahasamund, District Mahasamund (C.G.) for the offence punishable under Sections 21(C), 22 and 27 of NDPS Act and Section 25 of Arms Act. 2. Case of the prosecution, in brief, is that on 14.08.2025, Mahasamund Police received information that accused Praveen Sahu was selling intoxicating cough syrup on Daldali Sorid Road. Police apprehended him near the Anganwadi with a white plastic bag containing 13 sealed bottles of Wincerex cough syrup (1300 ml), containing Codeine Phosphate (2600 mg) and Triprolidine HCl (325 mg), along with a button knife. During interrogation, co- accused/applicant Sachin Dhruv allegedly admitted that he purchased these intoxicating drugs from co-accused Sushant Pradhan and was selling/consuming them for illegal profit. The police registered Crime No. 349/2025 under Section 25 Arms Act and Sections 21(C), 22, 27 of the NDPS Act. After investigation, the final report was filed on 04.11.2025 before the Special Judge, NDPS Act, Mahasamund. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the bail application of three of the identically situated co-accused persons, namely, Shubham Sahu @ Chandramani Sahu, Kunal Fekar and Sonu Sahu, have already been granted bail by this Court vide order dated 20.11.2025 in MCRC No. 7542 of 2025, whereas the bail 3 application of co-accused Praveen Kumar Sahu, from whose possession the contraband article was seized, has been rejected by this Court vide order dated 20.11.2025 in MCRC No. 7803 of 2025. The applicant is in jail since 15.08.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant was involved in purchasing intoxicating cough syrup (containing Codeine Phosphate) from co-accused Sushant Pradhan and was selling and consuming it for illegal profit. During interrogation, Sachin allegedly admitted to obtaining these drugs from Sushant and engaging in their illegal trade along with personal use, therefore, he 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, nature and gravity of offence, period of detention of the applicant since 15.08.2025, the fact that though the applicant was involved in purchasing intoxicating cough syrup (containing Codeine Phosphate) from co-accused Sushant Pradhan and was selling and consuming it for illegal profit, but considering the fact that 4 identically situated co-accused persons, namely, Shubham Sahu @ Chandramani Sahu, Kunal Fekar and Sonu Sahu, have already been granted bail by this Court vide order dated 20.11.2025 in MCRC No. 7542 of 2025, whereas the bail application of co-accused Praveen Kumar Sahu, from whose possession the contraband article was seized, has been rejected by this Court vide order dated 20.11.2025 in MCRC No. 7803 of 2025, further the applicant has no criminal antecedent and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the application is allowed. 8. Let the Applicant-Sachin Dhruv, involved in Crime No. 349/2025 registered at Police Station Mahasamund, District Mahasamund (C.G.) for the offence punishable under Sections 21(C), 22 and 27 of NDPS Act and Section 25 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 5 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 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil