Smt. Riya Sahu v. State of Chhattisgarh Through SHO, P.S. Purani Basti, District Raipur (C.G.)
Case at a glance
- Neutral citation
- 2025:CGHC:56813
Outcome
Bail granted
Accordingly, the bail application is allowed
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 ss. 84, 351, 483
- Bharatiya Nyaya Sanhita, 2023 ss. 209, 269
Key paragraphs
- Para 77. Accordingly, the bail application is allowed. Let the applicant - Smt. Riya 3 Sahu involved in Crime No. 351/2025, registered at Police Station - Purani Basti, District - Raipur (C.G.) for the offence punishable under Sections 21(B) of the Narcotic Drugs and Psychotropic Substance…
Judgment
: Mr. Girish Sahu, Advocate. For Non-Applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer. PREETI KUMARI Digitally signed by PREETI KUMARI 16:47:33 +0530 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board
21.11.2025
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. 351/2025, registered at Police Station - Purani Basti, District - Raipur (C.G.) for the offence punishable under Sections 21(B) of the Narcotic Drugs and Psychotropic Substance Act, 1985.
As per the prosecution story, the Investigating Officer of Police Station Purani Basti, District Raipur, received classified information on 2 23/08/2025. Thereafter, a raid was conducted, during which 80 tablets of Nitrazepam (Nitrosun-10) weighing 58.48 grams with wrapper and 44.8 grams without wrapper were seized from the applicant. Subsequently, the applicant was arrested, and Crime No. 351/2025 was registered against him. After the culmination of the investigation, a charge-sheet has been filed before the concerned trial court. The applicant has been in judicial custody since the date of his arrest, i.e., 24/08/2025, for almost three months.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that applicant has no previous criminal antecedent and he is in jail since
24.08.2025, charge-sheet has been filed and trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.
On the other hand, learned State counsel opposes the bail application. He
further submits that total 80 tablets of Nitrazepam (Nitrosun-10) weighing
58.48 grams with wrapper and 44.8 grams without wrapper were seized from the possession of the applicant. The charge-sheet has been filed in the present case. Hence, he is not entitled to be enlarged on bail. I have heard learned counsel for the parties and perused the materials available on record. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and the fact that the quantity of psychotropic substance which has been seized from the applicant, is intermediate in quantity and the applicant has no criminal antecedents, charge-sheet has been filed and the applicant is in jail since 24.08.2025 and the conclusion of the trial is likely to take quite long time, I am inclined to grant bail to the applicant.
Operative part
Accordingly, the bail application is allowed. Let the applicant - Smt. Riya 3 Sahu involved in Crime No. 351/2025, registered at Police Station - Purani Basti, District - Raipur (C.G.) for the offence punishable under Sections 21(B) 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 she 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 her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her 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 her, 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 her in accordance with law. 4
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
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the bail application is allowed
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — ss. 84, 351, 483; Bharatiya Nyaya Sanhita, 2023 — ss. 209, 269.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.