1 2025:CGHC:53443 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8645 of 2025 Maheshwar Nirmalkar S/o Rakesh Nirmalkar Aged About 20 Years R/o Village Amapara, Police Station - Rajim, District- Gariyaband (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Fingeshwar, District - Gariyaband (C.G.) ... Non-Applicant For Applicant : Mr. Nikhil Meshram, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No.240/2025, registered at Police Station - Fingeshwar, District - Gariyaband (C.G.) for the offence punishable under Section 22 (B) of the Narcotic Drugs and Psychotropic Substance Act, 1985. 2. As per the prosecution story, in brief, a First Information Report (FIR) was registered at Police Station Fingeshwar, District PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.01 10:55:01 +0530 2 Gariaband (C.G.) against the applicant/accused and other co-accused persons. The applicant/accused was arrested on 05.08.2025 and remanded to judicial custody. The allegation against the applicant/accused under Section 22(b) of the NDPS Act is that, in collaboration with the co-accused persons, he violated the provisions and rules of the Act by illegally possessing and transporting 120 tablets of the prohibited drug Nitrosun (12 strips containing 10 tablets each) with the intent to sell. After completion of the investigation, a charge-sheet was filed, and the case is presently pending before the learned Special Judge (NDPS Act), Raipur, District Raipur (C.G.), registered as Special Sessions Case (NDPS) No. 173/2025 for trial. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the alleged narcotic substance was not seized from the concious possession of the present applicant and allegedly the Police recored from open place. He further submtis that the applicant has no previous criminal antecedent and he is in jail since 05.08.2025, charge-sheet has been filed and 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 and submits that the charge-sheet has been filed in the present matter. He further submits that total 120 tablets of the prohibited drug Nitrosun (12 strips containing 10 tablets each) has been seized from the possession of the applicant and co-accused 3 persons which is intermediate in quantity. He also endorse the fact that the applicant has no previous criminal antecedent. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and the fact that the total quantity of 120 tablets of the prohibited drug Nitrosun has been seized from the applicant, which is intermediate in quantity and the applicant has no criminal antecedents, charge-sheet has been filed and the applicant is in jail since 05.08.2025 and the conclusion of the trial is likely to take quite long time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Maheshwar Nirmalkar involved in Crime No. 240/2025, registered at Police Station - Fingeshwar, District - Gariyaband (C.G.) for the offence punishable under Section 22 (B) of the Narcotic Drugs and Psychotropic Substance Act, 1985, 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 4 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti