1 2025:CGHC:4725 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 746 of 2025 Gausiya Fatma D/o Abdul Rahaman, Aged About 22 Years, R/o - Devnagar Alias Dedri, Ramanujnagar, District- Surajpur, C.G. ... Applicant versus State of Chhattisgarh Through The Station House In-Charge, Police Station- Surajpur, District- Surajpur, C.G. ... Non-Applicant For Applicant : Mr. Faisal Akhtar, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/01/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 8/2025 registered at Police Station- Surajpur, District- Surajpur (C.G.), for the offence punishable under Section 21(c) of the Narcotic Drugs Psychotropic Substance Act. 2. Case of the prosecution, in brief, is that the applicant/accused Mr. Gausiya Fatma is accused under Section 21(c) of NDPS Act, that during PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.28 17:34:02 +0530 2 the city tour, the police force of Surajpur received information from an informer on 03.01.2025 that Gausiya Fatima, a resident of Devnagar village, has hidden illegal drugs in the backyard of her house for sale. The informer's information panchnama was prepared and the report was sent to C.S.P. ofÏce Surajpur by Constable Taravati Singh. Considering the possibility of the search warrant taking time to be obtained and the drugs being destroyed, the police force, along with witness Arjun Devangan, cordoned off the area as per the informer's information and informed the suspect about the informer's information. After taking due action, narcotic injections Talgesic 2ml 84 pieces, Rexogesic 2ml 55 pieces, Silent 0.3mg 6 pieces, total 145 pieces and Avil injection vial 10ml 10 pieces were found in two black foils inside the backyard of the suspect Gausiya Fatima's house. The seizure was made while videography was done and a recovery panchnama was prepared. After taking action on the spot, a rural complaint was registered. On the basis of the rural complaint, a First Information Report was registered against Gausiya Fatima under section 21(C) NDPS Act under crime number 08/2025 of Surajpur police station. The statements of the witnesses were recorded. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further submitted that the applicant is an unmarried girl, and the contraband article allegedly recovered is above the commercial quantity. According to him, the recovery was made from an open area at the back of the house from an underground location. Except the memorandum statement of the victim, there appears to be no other cogent evidence to show that she was involved in the said incident. Moreover, it has been argued that the marriage of the applicant to be 3 solemnized on 11.02.2025 and marriage card has also been enclosed in this bail application and the applicant is in jail since 03.01.2025 hence he prays that the applicant be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits the charge-sheet has not been filed and the applicant has no previous criminal antecedents and the contraband article which has been seized from backyard of her house is above the commercial quantity, therefore, her bail application is liable to be dismissed. 5. Heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties and the fact that the applicant is an unmarried girl, and the contraband article allegedly recovered is above the commercial quantity and the recovery was made from an open area at the back of the house from an underground location. Except the memorandum statement of the victim, there appears to be no other cogent evidence to show that she was involved in the said incident. Moreover, the marriage of the applicant to be solemnized on 11.02.2025 and marriage card has also been enclosed in this bail application, further the applicant is in jail since 03.01.2025, I am of the opinion that the applicant is entitled to be released on bail in this case without commenting on the merits of the case. 7. Accordingly, the bail application is allowed. Let the applicant, Gausiya Fatma involved in Crime No. 8/2024 registered at Police Station- Surajpur, District- Surajpur (C.G.), for the offence punishable 4 under Section 21(c) of the Narcotic Drugs Psychotropic Substance 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 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti