1 2026:CGHC:667 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10523 of 2025 Baisakhu Dhruv S/o Shri Tarachand Dhruv, Aged About 39 Years R/o A.H.P. Colony, Urla, Police Station Urla, Raipur, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer Police Station Urla, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For Non-Applicant/State : Mr. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.01.2026 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 266/2025 registered at Police Station – Urla, Raipur, District- Raipur (C.G.), for the offence punishable under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. According to the prosecution, on 24.08.2025, Police Station Urla received secret information that near the bridge on Kanhera Road, one person was selling illegal contraband while sitting on a Honda Dio scooty bearing registration No. CG04QA3254. Acting on this information, the police team PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.07 11:39:38 +0530 2 rushed to the spot and seized contraband weighing 5.550 kg (valued at Rs. 55,500), cash amounting to Rs. 14,230, and the Honda Dio scooty (valued at Rs. 35,000) from the possession of the applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the seizure memo made by the prosecution is false. It is also submitted that the applicant has two previous criminal antecedents. The charge-sheet has been filed, and the applicant is in jail since 24.08.2025. Hence, it is prayed that the applicant may be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present bail application. He further submits that contraband article i.e. 5.550 kg of a contraband article was recovered from the illegal possession of the applicant, which is less than the commercial quantity. He also submits that the applicant has one previous criminal antecedent under the IPC, therefore, he is not entitle for grant of bail. 5. I have Heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact the quantity of contraband article i.e. Ganja which has been recovered, is less than a commercial quantity, further the applicant has one previous criminal antecedent under the IPC and the applicant is in jail since 24.08.2025, the conclusion of the trial is likely to take sometime, this Court is of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let applicant - 3 Baisakhu Dhruv involved in Crime No. 266/2025 registered at Police Station – Urla, Raipur, District- Raipur (C.G.), for the offence punishable under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on their 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti