1 2025:CGHC:56447 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8709 of 2025 Sohel Khan S/o Sikandar Khan, Aged About 29 Years R/o Punjabi Para Daldali Road Ward No. 13 Mahasamund, Police Station City Kotwali, Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Ganj, District Raipur (C.G.) ... Respondent For Applicant : Ms. Aditi Singhvi, Advocate. For Respondent/State : Ms. Vaishali Mahilong, PL. 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.20 16:45:44 +0530 2 Ganj District Raipur (C.G.) for the offence punishable under Sections 21(b), 29 of NDPS Act (earlier in the FIR 21(c) was mentioned which was converted to 21(b) in the charge sheet). 2. Case of the prosecution, in brief, is that on 31.03.2025, the police of Ganj Police Station received information that three persons, aged about 20 to 25 years, were illegally carrying narcotic substances, and were standing near Devendra Nagar Chowk, upon receiving this information, three persons Monu Bishnoi, Harsh Ahuja, and Deep Dhanoria were apprehended and MDMA drugs, weighing 27.58 grams, wrapped in white plastic was seized from their possession. Additionally, the Sonet car bearing registration number CG/04/QJ/5466 used in the incident, 5 mobile phones, and cash amounting to Rs. 85,300/ were also seized. However, though it was initially alleged that the seized substance was MDMA, the report of the FSL has later confirmed that the said substance is Cocaine. The present applicant, has been made an accused on the basis of the memorandum statement of the co- accused person. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the instant case. She would submit that no contraband has been seized from the possession of the applicant and he has no connection with the alleged offence. She would submit that the applicant has been made an accused solely on the basis of memorandum statement of co-accused person and the seized contraband (Cocaine) is of 3 intermediate quantity. She would submit that the charge sheet has been filed in this case, the applicant is in jail since 03/09/2025 and conclusion of trial will take some time, 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. 27.58 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, submission of learned counsel for the parties, further the fact that the applicant has been implicated on the basis of the memorandum statement of the co-accused person and contraband article (Cocaine) has not been recovered from the possession of the present applicant, further the fact that contraband article (Cocaine) i.e. 27.58 grams recovered from the possession of the co-accused persons is less than the commercial quantity, period of detention of the applicant since 4 03/09/2025, charge sheet has been filed, 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- Sohel Khan, involved in Crime No.222/2025 registered at Police Station Ganj District Raipur (C.G.) for the offence punishable under Sections 21(b), 29 of NDPS Act, 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 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 5 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