1 2025:CGHC:60039 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10179 of 2025 Gurmeet Singh @ Budu S/o Mahendra Singh Milkhu Aged About 40 Years R/o Dalpat Sagar Ward, Jagdalpur, District- Bastar (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station- Kotwali, District- Bastar (C.G.) ... Non-Applicant For Applicant : Mr. Manish Nigam, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.12.2025 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. 432/2025 registered at Police Station Kotwali, Distt.- Bastar (C.G.), for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story in brief, the police received information, and on the basis of that information, they recovered a total of 1.233 kg of Poppy Straw (Doda Chura) from the joint possession of the present applicant and other co-accused persons. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.11 11:26:32 +0530 2 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the prosecution agency has not followed the provisions under Section 42 of the NDPS Act and has not obtained a search warrant from the superior authority. He submits that 1.233 kg of contraband Poppy Straw (Doda Chura) has been seized from the possession of the applicant, which is less than the commercial quantity, and that the applicant has no criminal antecedents. The applicant has been in jail since 30.09.2025 and the conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non-applicant opposed the bail application and submitted that the charge-sheet has been filed in the present case before the competent court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that the contraband article, i.e., 1.233 kg of Poppy Straw (Doda Chura), was seized, which is less than the commercial quantity. Moreover, the applicant has no criminal antecedents. Considering the fact that the charge-sheet has been filed before the competent Court and the applicant has been in jail since 30.09.2025, and that conclusion of the trial may take some time, this Court is of the view that the applicant is entitled to be released on bail. 7. Let the Applicant - Gurmeet Singh @ Budu, involved in Crime No. 432/2025 registered at Police Station Kotwali, Distt.- Bastar (C.G.), for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing 3 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 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. 4 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