1 2025:CGHC:59782 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8881 of 2025 1 - Mohammed Jahid S/o Mohammed Zakir Aged About 33 Years R/o Madani Chowk Sanjay Nagar P.S. Tikarapara, District Raipur C.G. 2 - Sahil Raza Urf Vilayat Hussain Khilchi S/o Abdul Hakim Khilchi Aged About 25 Years R/o Gosiya Chowk Sanjay Nagar P.S.- Tikarapara, District Raipur C.G. (As Per Challan) 3 - Afzia Akhtar Urf Mahak D/o Sameer Akhtar Aged About 21 Years R/o Near Abhishek D J Neharu Nagar P.S. Kotwali, District Raipur C.G. (As Per Challan ... Applicants versus State Of Chhattisgarh Through Police Station Kotwali District- Raipur C.G. ... Respondent For Applicants : Shri Ashish Gangwani, Advocate. For Respondent/State : Shri Soumya Rai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09/12/2025 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 165/2025, registered at Police Station – Kotwali District- Raipur C.G. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.10 17:59:17 +0530 2 for the offence punishable under Sections 21(B), 29 of N.D.P.S. Act. AND 111 B.N.S (As per Challan). 2. The prosecution story, in brief, is that on receiving information from the informer on dated 12.08.2025, Police Station Kotwali, Raipur police has recovered 2.46 grams of Heroin (Chhitta) Drugs from possession of the applicant no 1 and 2.16 grams of Heroin (Chhitta) Drugs from possession of the applicant no 02, 1.8 grams of Heroin (Chhitta) Drugs from possession of the applicant 03 total 6.42grams of Heroin (Chhitta) Drugs recovered from accused. Thereafter, the police registered crime no. 165/2025 and applicants arrested in this matter. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is also submitted that from the possession of the applicants intermediate quantity of the psychotropic substance Heroin has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of Heroin as prescribed under the schedule is 250 gms and from applicant No.1, 2.46 grams of Heroin, from applicant No.2, 2.16 grams of Heroin and from applicant No.3, 1.8 grams of Heroin total 6.42 grams of Heroin has been seized. It is further submitted that the applicants are 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 applicants. 4. On the other hand, learned counsel for the State opposes the bail application and submits that there is one criminal antecedent of the applicants No.1 and 2 under the IPC and applicant No.3 has no 3 criminal antecedents. It is submitted that from applicant No.1, 2.46 grams of Heroin, from applicant No.2, 2.16 grams of Heroin and from applicant No.3, 1.8 grams of Heroin total 6.42 grams of Heroin has been seized, therefore, this bail application is liable to be rejected. 5. I have 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 as well as considering the quantity of heroine seized from possession of applicant No.1 i.e. 2.46 grams, from applicant No.2 i.e. 2.16 grams and from applicant No.3 i.e. 1.8 grams total 6.42 grams, which is less than the commercial quantity, also considering the fact there is one criminal antecedent of the applicants No.1 and 2 under the IPC and applicant No.3 has no criminal antecedents and further that the applicants are in jail since 12/08/2025 and the conclusion of the trial is likely to take sometime, therefore I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Mohammed Jahid, Sahil Raza Urf Vilayat Hussain Khilchi & Afzia Akhtar Urf Mahak, involved in Crime No. 165/2025, registered at Police Station – Kotwali District- Raipur C.G. for the offence punishable under Sections 21(B), 29 of N.D.P.S. Act. AND 111 B.N.S, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect 4 that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants 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 them 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 gouri