1 2025:CGHC:58880 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9894 of 2025 Ritish Pathak S/o Ashok Pathak Aged About 22 Years R/o Ward No. 4, Bade Bacheli Nagar Panchayat D. B. Dantewada, District- Dantewada (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Officer In-Charge P.S. Bhopalpatnam Distt.- Bijapur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ashutosh Mishra, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/12/2025 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. 36/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Bhopalpatnam Distt.- Bijapur (C.G.) under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that as per the charge-sheet, in Crime No. 35/2025 of Police Station Bhopalpatnam, District Bijapur, the accused/applicants Sagar Swami and Ritish Pathak were arrested under Section 21(B) of the NDPS Act and sent to judicial custody. Acting on information, the police recovered Magnatuss-T (Codeine Phosphate & Triprolidine Hydrochloride) Syrup 100 ml – 5 bottles, Apcoplam (Alprazolam) – 1485 tablets, and Pyeevon Spas Plus (Dicyclomine HCL, Tramadol HCL & Acetaminophen) – 224 capsules, with a total weight of 87.038 grams, from their possession. These manufactured drugs are used as intoxicants and fall under prohibited substances. Accordingly, the accused were apprehended and the present case was registered against them. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband substance was not seized from the exclusive possession of the applicant. He further submits that 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 also submits that the contraband substance recovered from the possession of the applicant and other accused persons i.e. Magnatuss-T (Codeine Phosphate & Triprolidine Hydrochloride) Syrup 100 ml – 5 bottles, 3 Apcoplam (Alprazolam) – 1485 tablets, and Pyeevon Spas Plus (Dicyclomine HCL, Tramadol HCL & Acetaminophen) – 224 capsules, with a total weight of 87.038 grams is less than the commercial quantity. He later submits that the applicant has no criminal antecedent and he is in jail since 12.08.2025 and the 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 would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedent. He further submits that from the joint possession of the applicant and other accused persons contraband article i.e. Magnatuss-T (Codeine Phosphate & Triprolidine Hydrochloride) Syrup 100 ml – 5 bottles, Apcoplam (Alprazolam) – 1485 tablets, and Pyeevon Spas Plus (Dicyclomine HCL, Tramadol HCL & Acetaminophen) – 224 capsules, with a total weight of 87.038 grams is seized, therefore, 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 and the fact that the applicant has no criminal antecedent and the contraband article i.e. Magnatuss-T (Codeine Phosphate & 4 Triprolidine Hydrochloride) Syrup 100 ml – 5 bottles, Apcoplam (Alprazolam) – 1485 tablets, and Pyeevon Spas Plus (Dicyclomine HCL, Tramadol HCL & Acetaminophen) – 224 capsules, with a total weight of 87.038 grams recovered from the joint possession of the applicant and other accused perons is less than the commercial quantity and the charge-sheet has been filed in the present case before the competent Court, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant - Ritish Pathak, involved in Crime No. 36/2025 registered at Police Station Bhopalpatnam Distt.- Bijapur (C.G.) under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on his 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 5 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 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. 9. 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 Akhil