1 2025:CGHC:56463 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8516 of 2025 Lokesh Kare S/o Late Sharad Kare Aged About 28 Years R/o Jarhabhatha, Manjhawapara, Ward No. 23, P.S. Civil Line, District- Bilaspur (C.G.) (Detail of The Applicant Has Not Mentioned In Annexure A- 1) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Sarkanda, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Pawan Kumar Kashyap, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1046/2025 registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offence under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 2. As per the brief prosecution story, the concerned Police Station, Sarkanda, received secret information from an informant regarding the allegation that the applicant was involved in selling banned medicine, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.20 12:00:41 +0530 2 namely NRx Nitrazepam Tablet IP Nitrosun-10 (12 strips, totaling 120 tablets). The police seized the said banned medicine from the possession of the other accused persons and, as a result, registered an offence punishable under Sections 21, 22, and 29 of the NDPS Act against them. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that the seized banned medicine was not recovered from the possession of the applicant and that, merely on the basis of suspicion regarding the place of incident and the memorandum statement, the applicant has been wrongly implicated in this crime. He also submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He submits that the applicant has no criminal antecedents and he is in jail since 02.08.2025 and 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, learned counsel appearing for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He also endorses the submission that the applicant has no criminal antecedents. However, he further submits that the applicant was involved in selling banned medicine, namely NRx Nitrazepam Tablet IP (Nitrosun-10), consisting of 12 strips totalling 120 tablets. Therefore, the applicant is not entitled to be released on bail 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case and further the fact that no recovery has been made from the possession of the present applicant and he has no criminal antecedents under the NDPS Act, moreover, the charge-sheet has already been submitted before the competent Court and the applicant has been in jail since 02.08.2025, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Lokesh Kare, involved in Crime No. 1046/2025 registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offence under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing 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 trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient 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 4 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek