1 2025:CGHC:53117 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6972 of 2025 1 - Debashish Meher S/o Gangaram Meher, Aged About 27 Years R/o Village Gandabahali, Police Station Sinapali, District Naupada (Odisha) ... Applicant Versus 1 - State Of Chhattisgarh Through Police Station-Mainpur District - Gariyaband (C.G.) ... Non-applicant For Applicant : Mr. Md. Afroz Akhtar, Advocate For Non-applicant : Mr. Amit Verma, Panel Lawyer S.B. : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 30/10/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant has been arrested in connection with Crime No. 67/2025 registered at Police Station – Mainpur, District – Gariyaband (C.G.), for the offence punishable under Sections 22 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution in brief is that, 25.06.2025, the police got secret information by the informer, that one person possessed with illegal drug articles with an intention to sell the same was at Jhariyabahra Square, NH 130 Main Road. Thereafter, police of Police Station – Mainpur conducted raid at the informed spot and seized 750 tablets of Alprazolam IP 0.5 mg, becalm 2 IP 0.5 mg, 90 tables of Nitrazepam IP 10 mg, 6 pieces of Impule Pentazocine Lactate Injection IP ALCN Laboratorics 1 ml, 30 mg, 1 bottle of Kofurex 100 ml from possession of the applicant. Thereafter, police registered offence against the applicant punishable under Sections 22 (B) of the NDPS Act, 1985. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and the said drug articles were not seized from the possession of the applicant. Applicant has been impleaded in the crime on the basis of the memorandum statement of the co-accused person. The applicant runs a medical store and the drug articles were seized from the possession of the co-accused who without prescription was carrying the said drug articles. He submits that applicant is a resident of Odisha and there are no criminal antecedents against the applicant in the State of Chhattisgarh as also in the State of Odisha. Applicant is in jail since 03.08.2025 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, the learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. However, he do not dispute the submission of counsel for the applicant that the applicant is having no criminal antecedent and further, he submits that he is a resident of Odisha and there is no criminal antecedent against her either in State of Chhattisgarh or in the State of Odisha. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the drug articles were recovered from the possession of the co-accused person. Moreover, the present applicant has no criminal antecedents either in the State of Chhattisgarh or in the State of Odisha. Also considering the fact that 3 the charge-sheet has been filed in the present case before the competent Court and the applicant is in jail since 03.08.2024, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Debashish Meher, involved in Crime No. 67/2025 registered at Police Station – Mainpur, District – Gariyaband (C.G.), for the offence punishable under Sections 22 (B) of the NDPS Act, 1985., be released on bail on furnishing personal bond with two local 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 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 his, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the 4 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. However, this Court hopes and trusts that the Trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of certified copy of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the Trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY