1 2025:CGHC:56446 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9259 of 2025 Deep Dhanoriya S/o Dilip Dhanoriya Aged About 41 Years R/o Avanti Vihar House No. A-401 Samrddhi Flat, St. Xavier School Road, Raipur Thana- Khamhardih, District- Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station- Ganj, District- Raipur (C.G.) ... Respondent For Applicant : Ms. Anjali Pradhan, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/11/2025 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.222/2025 registered at Police Station Ganj Raipur, District Raipur (C.G.) for the offence punishable under Sections 21(b), 29 of Narcotic Drugs and Psychotropic Substances Act 1985 (As per Final Report). 2. Case of the prosecution, in brief, is that on 23.08.2025, that three person wearing black/blue/yellow clothes, were standing under the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.20 11:56:36 +0530 2 over bridge, near railway station road, Drvendra Nagar, They were in possession of the banned narcotic substance like MDMA and were looking to sell it. The drugs cocaine recovered from accused A, Harsh Aahuja was weighed 15.65 grams (including the plastic packet),. The drugs cocaine recovered from B, Monu Bishnoi, was weighed 1.31 grams in the one packet (including the plastic packet),. C-The cocaine drug recovered from Deep Dhanoriya (present applicant) was weighed 10.63 grams, (including the plastic packet). The total weight was 27.58 gram possession of all the accused. On the above information offence has been registered, thereafter applicant has been arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the instant case. The provisions of Section 37(1)(b) of the NDPS Act are not attracted in the present matter, as the quantity seized from the applicant is only 10.63 grams, which is less than the commercial quantity. As per the E-Notification specifying small and commercial quantity, the small quantity for Cocaine is 2 grams and the commercial quantity is 100 grams. The alleged contraband was not seized from the exclusive possession of the applicant. The applicant has been falsely roped in this case only on the basis of recovery from co-accused Deep Dhanoriya, from whom 10.63 grams of cocaine was allegedly recovered. The Hon’ble Supreme Court in Nadeem Ahmad v. State of West Bengal, 2025 SCC OnLine SC 1779, has observed that merely because two accused walking side-by-side were apprehended simultaneously, and both were carrying narcotic drugs concealed on their bodies, such a coincidental happening would not lead to an inference that either accused had knowledge of the contraband carried by the other; suspicion cannot 3 take the place of proof. The Court further held that if the prosecution intends to establish conspiracy and club the recoveries from two accused persons, it must bring positive evidence to support the charge, which cannot be substituted with suspicion. In the present case, the essential ingredients of the alleged offence are not prima facie attracted against the applicant. The applicant is the sole bread-earner of his family and his prolonged pre-trial detention will cause severe hardship to his dependents. The applicant undertakes to cooperate with the investigation and will not misuse the liberty if granted bail. The applicant has been in custody since 23.08.2025, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would submit that contraband article (Cocaine) has not been recovered from the possession of the present applicant and contraband article (Cocaine) i.e. 10.63 grams has been recovered from the possession of the co-accused persons which is less than the commercial quantity. She would submit that the applicant has no criminal antecedents. 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, that the contraband article, i.e., Cocaine, was recovered from the possession of the applicant, which is less than the commercial quantity, and also considering the fact that the charge-sheet has been filed before the competent Court, the applicant has no criminal antecedents, 4 and he is in jail since 20.08.2025, and further that the conclusion of the trial is likely to take some 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 and it is directed that the Applicant - Deep Dhanoriya, involved in Crime No.222/2025 registered at Police Station Ganj Raipur, District Raipur (C.G.) for the offence punishable under Sections 21(b), 29 of Narcotic Drugs and Psychotropic Substances Act 1985, be released on bail on his furnishing a 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 his 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 5 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/- (Ramesh Sinha) Chief Justice vaibhav