1 2025:CGHC:61380 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9094 of 2025 Abhishek Bari S/o Shakti Narayan Bari Aged About 24 Years R/o Nehru Ward No. 25, Behind Collectorate, Sattipara, Police Station- City Kotwali, Ambikapur, District- Surguja Chhattisgarh (Address And Fathers Name Wrongly Mentioned In Annexure A-1) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, P.S. Tarbahar, District Bilaspur, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Imran Ahmed Khan, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/12/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 grant of regular bail to the applicant who has been arrested in connection with Crime No. 195/2025 registered at Police Station Tarbahar, District Bilaspur (C.G.) under Section 21(B), 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on receipt of secret information, the police of Police Station Tarbahar, District Bilaspur (C.G.), conducted a raid and apprehended co-accused Kunal Rajak and Rahul Patel, from whose possession Nitrazepam IP (Nitrosun-10) tablets allegedly weighing 242 grams were seized. The present applicant was not named in the FIR nor present at the spot, he has been arrested on the basis of the memorandum statement of the co-accused. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband substance was not seized from the exclusive possession of the applicant. He further submits that the name of present applicant has come into light from the memorandum statement of co-accused persons, further, co-accused persons, namely, Rahul Kumar Patle, Kunal Rajak (from whose possession seizure of contraband substance has been made, which is less than the commercial quantity), Prince Bari and Sumit Kesri have already been granted bail by this Court vide order dated 03.11.2025 in MCRC Nos.7436 of 2025, 7190 of 2025, 7116 of 2025 and 7129 of 2025 and the case of present applicant is identical to the case of Prince Bari and 3 Sumit Kesri, from whom no seizure of contraband substance has been made. He later submits that the applicant has no criminal antecedent, he is in jail since 01.08.2025 and the 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 counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedent. He further submits that from the possession of co-accused persons contraband article i.e. itrazepam IP (Nitrosun-10) tablets allegedly weighing 242 grams were seized and the name of present applicant has come into light during the investigation from the memorandum statement of co- accused persons, 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 and the fact that the applicant has no criminal antecedent and the contraband article i.e. itrazepam IP (Nitrosun-10) tablets allegedly weighing 242 grams were recovered from the possession of co- accused persons is less than the commercial quantity and the name of present applicant has come into light from the 4 memorandum statement of co-accused persons, also considering the fact that co-accused persons, namely Rahul Kumar Patle, Kunal Rajak (from whose possession seizure of contraband substance, which is less than the commercial quantity, has been effected), Prince Bari and Sumit Kesri, have already been enlarged on bail by this Court vide order dated 03.11.2025 passed in MCRC Nos. 7436/2025, 7190/2025, 7116/2025 and 7129/2025 respectively, and the case of the present applicant is identical to that of co-accused, Prince Bari and Sumit Kesri, from whom no seizure of any contraband substance has been made, further charge-sheet has been filed in the present case before the competent Court, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant - Abhishek Bari, involved in Crime No. 195/2025 registered at Police Station Tarbahar, District Bilaspur (C.G.) under Section 21(B), 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on his 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 5 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 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 concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil