1 2025:CGHC:56596 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7542 of 2025 1 - Shubham Sahu @ Chandramani Sahu S/o Himmat Sahu Aged About 23 Years R/o Ward No. 22, Sahupara, Fafadih Chowk, Raipur, Tahsil And District- Raipur, C.G. 2 - Kunal Fekar S/o Tejprakash Fekar Aged About 22 Years R/o Ward No. 22, Sahupara, Fafadih Chowk, Raipur, Tahsil And District- Raipur, C.G. 3 - Sonu Sahu S/o Arun Sahu Aged About 22 Years R/o Ward No. 22, Sahupara, Fafadih Chowk, Raipur, Tahsil And District- Raipur, C.G. ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station- Mahasamund, District- Mahasamund, C.G. ... Non-applicant For Applicants : Mr. Ram Vifal Ram Rajwade, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.11.2025 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 applicants who have been arrested in connection with Crime No. 349/2025 registered at Police Station - Mahasamund District - Mahasamund (C.G.) for the offence under Sections 21-C, 22, 27 of NDPS and Section 25 of the Arms Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.21 11:25:21 +0530 2 2. The prosecution story in brief is that on 14.08.2025 the Inspector Sharad Dubey posted at Police Station, Mahasamund received information through informant to the effect that the accused Praveen Sahu is in possession of contraband syrup at Daldali Road Sorid Road. On the basis of said information, the police personnel reached the spot and allegedly recovered total 13 bottles (1300 ml.) Venerex Syrup, which contains Codeine Phosphate ip 2600 mg. and Tripolidine Hel-ip 325 mg and one knife from the possession of accused Praveen Sahu. Accordingly the accused Praveen Sahu was arrested and his memorandum statement was recorde in which, he stated that he has purchased the contraband syrup from the accused Sushant Pradhan. Thereafter the said Sushant Pradhan was also arrested and on the basis of whatsapp call and message, the present applicants have also arrested by the police in connection with the aforesaid offences. 3. Learned counsel for the applicant submits that the applicants have been falsely implicated in the present case. The alleged contraband syrup was not recovered from their exclusive possession and they have been arrayed as accused merely on the basis of suspicion. The applicants are residents of Fafadih, Raipur, and on the date of the alleged incident, they had gone to Mahasamund for other personal work. The applicants are students pursuing their higher studies, and a copy of the admission card is annexed herewith as ANNEXURE A/3. The names of the present applicants do not find mention in the FIR. So far as the cash amount seized from them is concerned, the said amount belongs to the applicants, which they had withdrawn from their bank account. The alleged contraband syrup has been recovered from co-accused Praveen Sahu, whereas the present applicants have been 3 arrested only on the basis of WhatsApp calls and messages. The applicants have no previous criminal antecedents, and their prolonged pre-trial detention will adversely affect their studies. The applicants are in judicial custody since 15.08.2025, therefore he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge- sheet has been filed in the present case before the competent Court and also submits a contraband article,total 13 bottles (1300 ml.) Venerex Syrup, which contains Codeine Phosphate ip 2600 mg. and Tripolidine Hel-ip 325 mg and one knife from, therefore, the present applicants are not entitled to the grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, and further considering the overall facts and circumstances of the case, including the nature and gravity of the allegations, it appears that the names of the present applicants have surfaced only in the memorandum statement of the co-accused persons. The applicants have been in judicial custody since 15.08.2025, and the conclusion of the trial may take some time. Therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicant - Shubham Sahu @ Chandramani Sahu, Kunal Fekar & Sonu Sahu involved in Crime No. 349/2025 registered at Police Station - Mahasamund District - Mahasamund (C.G.) for the 4 offence under Sections 21-C, 22, 27 of NDPS and Sections 25 of the Arms Act, be released on bail on furnishing personal bond with two local sureties each 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 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 applicants 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 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 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 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. Sd/- - (Ramesh Sinha) Chief Justice vaibhav