1 2025:CGHC:60597 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10293 of 2025 Bhushan Sharma S/o Manoj Sharma Aged About 30 Years R/o Near Bharat Mata School, Tatibandh Colony, M.I.G.-62, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Kotwali, District- Raipur (C.G.) (P.S. Has Been Wrongly Mentioned In The A/1 As P.S. Tikarapara) … Non-Applicant For Applicant : Mr. Abhyuday Tripathi, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.12.2025 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. 165/2025, registered at Police Station - Kotwali, District- Raipur (C.G.) for the offence punishable under Sections 21(B) and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985. 2. As per the prosecution, on 11.08.2025, the Tikrapara police received secret information that certain individuals were allegedly engaged in possessing and selling a narcotic substance commonly known as "chitta" (heroin). Acting upon this information, the police reached the indicated PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.12 19:27:22 +0530 2 location and conducted a raid, during which three persons, namely, Sahil Raza, Mohd. Zahid, and Afzila Akhtar were apprehended, and a total of 6.42 grams of heroin was seized from their possession. The seized quantity is undisputedly a small quantity under the NDPS Act and is far below the prescribed commercial threshold. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that no contraband has been recovered from him, the entire recovery of the alleged narcotic substance, measuring only 6.42 grams of heroin which is less than the commercial quantity is stated to have been made from three other accused persons, who have already been granted bail by this Court vide order dated 09.12.2025 passed in MCRC No. 8881/2025. The applicant has no previous criminal antecedents, the charge-sheet has been filed, and he has been in jail since 21.08.2025. As the trial is likely to take a considerable amount of time, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application but could not dispute the fact that the co-accused persons have been granted bail by this Court and also endorse the fact that the applicant has no previous criminal antecedents. 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 no contraband has been recovered from him, the entire recovery of the alleged narcotic substance, measuring only 6.42 grams of heroin which is less than the commercial quantity is stated to have been made from three other accused persons, who have already been granted bail by this Court vide 3 order dated 09.12.2025 passed in MCRC No. 8881/2025, further the applicant has no previous criminal antecedents, the charge-sheet has been filed, and he has been in jail since 21.08.2025 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 applicant - Bhushan Sharma involved in Crime No. 165/2025, registered at Police Station - Kotwali, District- Raipur (C.G.) for the offence punishable under Sections 21(B) and 29 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. 4 (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. 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