1 CGHC010308682026 2026:CGHC:39662 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7325 of 2026 1 - Pawan Kumar Karn S/o Late Rustam Singh Aged About 32 Years R/o Village Kumhedi, Police Station Datiya, District Datiya (M.P.) Present Address- Odiya Para, Bhawani, Nagar Jora Police Station Khamhardih District Raipur ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Telibandha, District Raipur C.G. ... Respondent(s) For Applicant : Shri P. Chetan Kumar, Advocate. For Non-Applicant/State : Shri Sumeet Singh, Dy. A.G. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 10.09.2026 Heard. 1) This is the first bail application filed under under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.203 of 2026 registered at Police Station Telibandha, District Raipur, Chhattisgarh for the offence punishable under Section 22(b) of the NIRMALA RAO 2 Narcotic Drugs and Psychotropic Substances Act, 1985. 2) The case of the prosecution, in brief, is that the police of Police Station Telibandha received secret information from the informant and, on the basis of the said information, conducted a raid and seized 48 Nitrazepam tablets IP from the possession of the applicant, Pawan Kumar, and 55 tablets from the possession of the co-accused, Ravin Yadav. Thus, a total of 103 tablets, weighing 59.74 grams, were seized from the place of incident, which was an open place. Thereafter, the aforesaid offence was registered against the applicant. 3) It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that the quantity of contraband seized from the possession of the present applicant is 48 tablets. He submits that the charge-sheet has been filed, the applicant has been in jail since 5.5.2026, and the conclusion of the trial is likely to take considerable time. He would also submit that the co-accused, Ravin Yadav, filed M.Cr.C. No. 6400 of 2026 and was granted bail vide order dated 3.8.2026. Therefore, he prays for grant of regular bail to the applicant. 4) On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge- sheet has been filed in the present case before the competent Court. 5) I have heard learned counsel appearing for the parties and perused the case diary. 6) After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of contraband substance seized from the possession of the applicant and another co-accused 3 i.e. a total of 59.74 grams, which is less than commercial quantity. Also considering the fact that the charge-sheet has been filed in the present case before the competent Court and the applicant is in jail since 5.5.2026, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7) Let the Applicant – Pawan Kumar Karn, involved in Crime No.203 of 2026 registered at Police Station Telibandha, District Raipur, Chhattisgarh for the offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing 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 his 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) However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible. 9) Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Rakesh Mohan Pandey) Judge Nimmi