1 2025:CGHC:61856 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10396 of 2025 Kishan Sen S/o Govardhan Sen Aged About 40 Years R/o Jamatpara Ward No. 24 Behind Gurudwara Mishra Gali P.S., Basantpur District - Rajnandgaon Chhattisgarh (As Per Challan) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Kotwali District - Rajnandgaon Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Ashish Gangwani, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/12/2025 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. 605/2025 registered at Police Station Kotwali District - Rajnandgaon (C.G.) for the offence punishable 2 under Section 21(B) of N.D.P.S. Act. 2. Case of the prosecution, in brief, is that Crime No. 605/2025 was registered at Police Station Dongargarh / Kotwali Rajnandgaon under Section 21(B) of the NDPS Act against the applicant/accused. According to the prosecution, on 07.10.2025, Sub-Inspector Radheshyam Jurri received secret information that the driver of Truck No. CG-08-AS-8158, namely Kishor Sinha (co-accused), was bringing narcotic tablets from Maharashtra for sale in Rajnandgaon city. Acting upon the said information, the police, along with staff and independent witnesses, intercepted the truck and apprehended two persons, namely Kishor Sinha (co-accused) and Kishan Sen (the present applicant). Upon search, 10 strips of Nitrazepam tablets (each strip containing 10 tablets) were recovered from the co- accused, and 9 strips containing a total of 90 Nitrazepam tablets were recovered from the possession of the applicant. As neither the applicant nor the co-accused could produce any valid licence or authorization for possessing the said narcotic substance, both were arrested and FIR was registered. 3. As per the case diary, the total weight of Nitrazepam tablets seized from the applicant is stated to be 66.500 grams, which is more than small quantity but less than commercial quantity. The report of the Office of the Deputy Director, Food and Drug Administration dated 07.10.2025 confirms that the seized tablets contain Nitrazepam, a psychotropic substance prohibited under the NDPS Act, 1985. The prosecution further contends that the plea of the applicant claiming 3 mental illness is not supported by any medical report of a psychiatrist. Considering the gravity of the offence and the materials on record, the prosecution opposes grant of bail. Hence, the bail application. 4. 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 that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicant 9 strips containing a total of 90 Nitrazepam tablets were recovered, which is less than the commercial quantity. He later submits that the applicant has no criminal antecedent and identically situated co-accused, namely, Kishore Kumar Sinha has already been granted bail by this Court vide order dated 27.11.2025 in MCRC No.9631 of 2025, the applicant is in jail since 08.10.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. 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. She further submits that from the possession of the applicant contraband article i.e. 9 strips 4 containing a total of 90 Nitrazepam tablets is seized, therefore, the present applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. 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. 9 strips containing a total of 90 Nitrazepam tablets recovered from the possession of the applicant is less than the commercial quantity, further considering the fact that the identically situated co-accused, Kishore Kumar Sinha has already been granted bail by this Court vide order dated 27.11.2025 in MCRC No.9631 of 2025 and the 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. 8. Accordingly, the application is allowed. 9. Let the Applicant-Kishan Sen, involved in Crime No. 605/2025 registered at Police Station Kotwali District - Rajnandgaon (C.G.) for the offence punishable under Section 21(B) of N.D.P.S. 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 5 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 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. 10. 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