1 2025:CGHC:59272 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8200 of 2025 Vijay Gupta S/o Late Rameshwar Gupta Aged About 35 Years R/o Atal Awaas, Ward No. 01, Saraipali, P.S. - Saraipali, Dist. Mahasamund Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Saraipali, Dist. Mahasamund, Chhattisgarh ... Non-Applicant For Applicant : Mr. Anchal Kumar Matre, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 181/2025, registered at Police Station - Saraipali, District- Mahasamund (C.G.) for the offence punishable under Sections 21 of the Narcotic Drugs and Psychotropic Substance Act, 1985. 2. As per the prosecution story, on the basis of information received, the Saraipali Police recovered 80 pieces of intoxicating injection Pentazocine Lactate IP 1 ml from the applicant, who was standing beside Atal Aawaas Road. An FIR was lodged and Crime No. 181/2025 was registered under PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.06 12:12:01 +0530 2 Section 21 of the NDPS Act, 1985. However, the present applicant is innocent and has been falsely implicated in the crime in question merely on the basis of suspicion. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that total of 80 pieces of the intoxicating injection Pentazocine Lactate IP 1 ml were seized from the possession of the applicant, which constitutes an intermediate quantity according to the FSL report. It is also submitted that the applicant has three previous criminal antecedents under the IPC, all of which have been disposed of. The charge-sheet has been filed, and the applicant has been in jail since 19.07.2025. As the trial is likely to take a considerable amount of time, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application. He further submits that the charge-sheet has been filed in the present case. He further submits that a total of 80 pieces of the intoxicating injection Pentazocine Lactate IP 1 ml were seized from the possession of the applicant, which constitutes an intermediate quantity according to the FSL report. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and the fact that a total of 80 pieces of the intoxicating injection Pentazocine Lactate IP 1 ml were seized from the possession of the applicant, which constitutes an intermediate quantity according to the FSL report and the applicant has three previous criminal antecedents under the IPC, all of which have been disposed of, the charge-sheet has been filed and the applicant is in jail 3 since 19.07.2025 and the conclusion of the trial is likely to take quite long time, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application is allowed. Let the applicant - Vijay Gupta involved in Crime No. 181/2025, registered at Police Station - Saraipali, District- Mahasamund (C.G.) for the offence punishable under Sections 21 of the Narcotic Drugs and Psychotropic Substance Act, 1985, 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 4 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 concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti