1 2025:CGHC:56176 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8345 of 2025 Kishan Verma S/o Late Ramakant Verma Aged About 30 Years R/o Verma Mohalla, Village Ganiyari, P.S. Kota, Distt. Bilaspur, Chhattisgarh. --- Applicant Versus State Of Chhattisgarh Through Station House Officer, P.S. Sirgitti, Distt. Bilaspur, Chhattisgarh. --- Non-applicant MCRC No. 8453 of 2025 Vikash Verma @ Maharaj S/o Late Raju Verma Aged About 26 Years R/o Verma Mohalla, Village- Ganiyari, P.S. Kota, District- Bilaspur Chhattisgarh. ---Applicant Versus State Of Chhattisgarh Through - Station House Officer, Police Station- Sirgitti, District- Bilaspur (C.G.) --- Non-applicant MCRC NO. 8345/2025 For Applicant : Mr. Mirza Hafeez Baig, Advocate For Non-applicant : Ms. Vaishali Mahilong, Panel Lawyer MCRC NO. 8453/2025 For Applicant : Mr. Mirza Hafeez Baig, Advocate For Non-applicant : Ms. Vaishali Mahilong, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 18/11/2025 1. These are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants 2 who have been arrested in connection with Crime No. 492/2025 registered at Police Station – Sirgitti, District – Bilaspur (C.G.), for the offence punishable under Sections 20 (B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. 2. The prosecution's case is that, on 14.09.2025, the police of the concerned police station received secret information and based upon the information, the police authorities conducted raid, caught the applicants and recovered total 07 kg of contraband (Ganja) from the possession of the applicants and thereafter, the authorities have seized the contraband and arrested them on 14.09.2025. 3. Learned counsel for the respective applicants submit that the present applicants are innocent persons and have been falsely been implicated in the aforesaid case, they have not committed any offence as alleged. There is no material available against them and they have been implicated on the basis of suspicion. The contraband seized from the possession of the applicants are less than the commercial quantity. It is further submitted by the learned counsel for the applicants that the applicant namely, Kishan Verma has criminal three antecedents (Crime No. 197/2021, Crime No. 867/2025 and Crime No. 795/2021) and the applicant namely, Vikash Verma @ Maharaj has two criminal antecedents (Crime No. 303/2020 and Crime No. 667/2022) against them. They are in jail since 14.09.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has not been submitted before the competent Court and the investigation is going on. Further, he submits that there specific allegations against the applicants of selling the psychotropic substances which may affect the general public at large. However, he further submits that there criminal antecedents against 3 the applicants respectively and therefore, they may not be granted bail. 5. I have heard learned counsel for the respective parties and perused the documents enclosed along with the bail application. 6. Considering the facts and circumstances of the case, submission of counsel for the respective parties and further, the fact that charge-sheet has not been filed before the competent Court, period of pre-trial detention, seized contraband is less than commercial quantity, further, the conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Kishan Verma in MCRC No. 8345/2025 and Vikash Verma @ Maharaj in MCRC No. 8453/2025, involved in Crime No. 492/2025 registered at Police Station – Sirgitti, District – Bilaspur (C.G.), for the offence punishable under Sections 20 (B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during 4 trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY