1 2025:CGHC:59527 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8761 of 2025 Sohel Solanki Urf Raja S/o Late Nur Mohammad Aged About 28 Years R/o Kelabadi Ward No. 39, H/o Ajju Khan, P.S. Padmanabhpur, District Durg Chhattisgarh (Name Correct As Per Page No. 5 Annexure A-1) ... Applicant versus State Of Chhattisgarh Through Police Of P.S. Mohan Nagar, District Durg Chhattisgarh ... Respondent For Applicant : Ms. Shivali Dubey, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/12/2025 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.222/2025 registered at Police Station- Mohan Nagar, District- Durg GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.09 15:51:16 +0530 2 (C.G.) for the ofence punishable under Section 21(a), 27(a) of NDPS Act. 2. Case of the prosecution, in brief, is that on dated 25.05.2025, a secret information was received that 2 person from sabzi mandi Sikola Bhata Durg has kept pouches of brown sugar in their motorcycle bearing no. CG 07 BL 9620 for illegal selling. On the basis of the said information police after reaching the place of incident by putting barricades stopped and caught two people namely Devendra Vishwakarma and Karan Rangari further from their possession cash amounting 3700 and 1300 were seized subsequently further searing their vehicle the police seized pouch of 2.5 grams of brown sugar. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. It is contended that no contraband article has been seized from the possession of the present applicant and he has been implicated on the memorandum statement of co-accused and quantity of contraband substance allegedly recovered from the joint possession of the co- accused is only 2.5 grams of brown sugar (heroin), which is less than the small quantity as defined under the NDPS Act, wherein the small quantity for brown sugar is 5 grams. It is further submitted that co- accused Karan Rangari has been granted bail by this court in MCRC No. 8075 of 2025 on 13/10/2025. She would submit that charge-sheet has been filed before the competent Court and applicant has been languishing in jail since 8/06/2025 and the conclusion of the trial is likely to take a considerable time. Therefore, it is prayed that the applicant may kindly be enlarged on bail. 3 4. On the other hand, learned State counsel, appearing for the State/non- applicant opposes the the prayer for grant of bail and submits that the quantity of contraband article which is said to have been recovered from the joint possession of the co-accused, is less than commercial quantity and there is no seizure from the present applicant. He would submit that co-accused Karan Rangari has been granted bail by this court in MCRC No. 8075 of 2025 on 13/10/2025. However, looking to the seriousness of this case, 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, nature and gravity of allegation levelled against the applicant and the fact that in the present case, charge-sheet has been filed before the competent court, further the fact that on the basis of memorandum statement, applicant has been implicated in this case, further no contraband article has been seized from the possession of the present applicant, the quantity of contraband article i.e. 2.5 gram of brown sugar (Heroin) which is said to have been recovered from the joint possession of the co-accused, is less than the commercial quantity, further the fact that co-accused Karan Rangari has been granted bail by this court in MCRC No. 8075 of 2025 on 13/10/2025 and the applicant is in jail since 8/06/2025 and the conclusion of the trial is likely to take some time, therefore, I am inclined to grant bail to the applicant. 7. 7. Accordingly, the bail application is allowed and it is directed that the 4 Applicant- Sohel Solanki Urf Raja, involved in Crime No.222/2025 registered at Police Station- Mohan Nagar, District- Durg (C.G.), for the offence punishable under Section 21(a), 27(a) of NDPS 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 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. 5 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 gouri