1 2025:CGHC:59207 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9991 of 2025 Arbaz Khan S/o Sheikh Ibran Aged About 28 Years (Wrongly Mentioned As Arbar Khan In Some Parts Of Impugned Order), R/o Khaparganj, Tajiya Chowk, Golbazar, P.S. City Kotwali, Raipur, District Raipur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Kabir Nagar District Raipur Chhattisgarh. ... Non-applicant For Applicant : Ms. Aditi Singhvi, Advocate For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.12.2025 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. 190/2025 registered at Police Station Kabir Nagar District Raipur (C.G.) for the offence under Sections 21(b), 18(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 111 of Bharatiya Nyaya Sanhita, 2023 and 25 and 27 of Arms Act. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. Case of the prosecution, in brief is that on 29.08.2025, acting upon secret information, the police of Police Station Kabir Nagar conducted a search at the residence of accused Rupinder Singh at Veer Savarkar Nagar, Raipur, and recovered 87.93 grams of heroin, 91 grams of opium (wrongly mentioned in the order dated 10.11.2025), and cartridges from his possession and premises. During investigation, Rupinder Singh disclosed that he, along with his associates, had brought the contraband from Punjab to Raipur for sale and had distributed it among his peddlers. The mobile phone data of co-accused Rupinder Singh allegedly revealed that the applicant, along with other co-accused persons, was in frequent contact with him and was one of his subordinate peddlers involved in selling the contraband. Consequently, the applicant was arrested on 30.08.2025 by the police of Police Station Kabir Nagar, District Raipur (C.G.), for offences punishable under Sections 21(b) and 18(b) of the NDPS Act, Section 111 of the BNS, 2023, and Sections 25 and 27 of the Arms Act. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. She further submits that the said contraband article was not seized from the possession of the present applicant. She also submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act. She further submits that the applicant has no criminal antecedents and he has been in jail since 30.08.2025 and conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 3 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submit that the charge- sheet has been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. He further submits that from the possession of the present applicant along with co-accused 87.93 grams of heroin, 91 grams of opium, and cartridges was seized, therefore, the present applicant is not entitled for grant of bail. 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 in the present bail application the charge-sheet has been filed before the competent Court, the said contraband article was not recovered form the exclusive possession of the applicant and the said contraband article is less than commercial quantity and the applicant has no criminal antecedents and he is in jail since 30.08.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Arbaz Khan, involved in Crime No. 190/2025 registered at Police Station Kabir Nagar District Raipur (C.G.) for the offence under Sections 21(b), 18(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 111 of Bharatiya Nyaya Sanhita, 2023 and 25 and 27 of Arms Act, be released on bail on furnishing personal bond with two sureties in the like sum to the 4 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 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 5 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan