1 2025:CGHC:56183 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8300 of 2025 Mohammad Ahmad S/o Ali Mohammad Aged About 23 Years R/o Nizami Chowk, Sanjay Nagar, P.S. Tikrapara, Raipur, District - Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer (S.H.O.) P.S. - Devendra Nagar, Distt. - Raipur Chhattisgarh ... Respondent For Applicant : Shri Ravi Kumar Kashyap, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/11/2025 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.11/2024 registered at Police Station Devendra Nagar, Dist.: Raipur (C.G) for the offence punishable under Sections 21(C) of NDPS Act & 120(b) of IPC. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.19 19:40:05 +0530 2 2. Case of the prosecution, in brief, is that on 10.01.2024, at 23:05 hours, the police of P.S. Devendra Nagar conducted a search of the applicant/accused and other co-accused persons. During the search, they recovered a total of 120 bottles of a controlled psychotropic substance named Codedyl-T, containing Codeine Phosphate. Each bottle was 100 ml, totaling 12 liters. Consequently, the restricted syrup was seized at the spot and taken into custody. An FIR was registered under Crime No.11/2024 & subsequently, on 25.06.2024, a charge sheet was filed against the applicant/accused, along with other co- accused persons, in relation to the present case. 3. Learned counsel for the applicant submits that co-accused person Kamlesh Upadhyay has been granted bail by this Court in MCRC No.3457/2024 on 17/05/2024 and co-accused person Sandeep Kumar Bharadwaj has also been granted bail by this court in MCRC No.1727/2024 on 6/05/2024. He would further submit that the proceeding of the present case has also been challenged by the said two co-accused namely Sandeep Kumar Bharadwaj and Kamlesh Upadhyay in SLP (Crl.) No.14644/2024 and SLP (Crl.) No.5928/2025 and further proceeding has been stayed by the Apex Court vide order dated 23/10/2024 and 7/03/2025. He would submit that the applicant was only a delivery boy in the shop of the said two co-accused persons, he is in jail since 10/01/2024 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. Learned State Counsel opposes the bail application and he would submit that the applicant has no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Taking into consideration the facts and circumstances of the case, further the fact that co-accused person Kamlesh Upadhyay has been granted bail by this Court in MCRC No.3457/2024 on 17/05/2024 and co-accused person Sandeep Kumar Bharadwaj has also been granted bail by this court in MCRC No.1727/2024 on 6/05/2024 and the proceeding of the present case has also been challenged by the said two co-accused namely Sandeep Kumar Bharadwaj and Kamlesh Upadhyay in SLP (Crl.) No.14644/2024 and SLP (Crl.) No.5928/2025 and further proceeding has been stayed by the Apex Court vide order dated 23/10/2024 and 7/03/2025, further the fact that the applicant was only a delivery boy in the shop of the said two co-accused persons, period of detention of the applicant since 10/01/2024, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Mohammad Ahmad, involved in Crime No.11/2024 registered at Police Station Devendra Nagar, Dist.: Raipur (C.G) for the offence punishable under Sections 21(C) of NDPS Act & 120(b) of IPC., 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 4 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. 8. 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 gouri