1 2025:CGHC:11216 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1836 of 2025 1 - Ravi Netam S/o Late Rajkumar Netam Aged About 32 Years R/o Nandanwara, Badepara, P.S. Kanker Distt- Kanker (C.G.) 2 - Lokesh Mandavi S/o Rai Singh Mandavi Aged About 32 Years R/o Nandanwara, Badepara, P.S. Kanker Distt- Kanker (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House OfÏcer, P.S.- Ramanujnagar, Distt- Surajpur (C.G.) ... Non-Applicant For Applicants : Mr. Rajnish Singh Baghel, Advocate. For Non-Applicant : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/03/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 183/2024 registered at Police Station Ramanujnagar District - Surajpur (C.G.) for offence under Section 17(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that as per secret information received from the informant and on the basis of such information, the police conducted raid and have seized 149 grams of Opium and 1.822 Kg of Doda Chura from the truck which was at the time in the possession of the applicants and thereafter, arrested them and registered aforesaid offence against the applicants. 3. Learned counsel for the applicants submit that the applicants have been falsely implicated in this case and the contraband article was not seized from the exclusive possession of the applicants. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicants below quantity of the psychotropic substance Opium and Doda Chura has been seized. He further submits that the applicants have no criminal antecedent and they are in jail since 30.11.2024 and further the co-accused namely Raju Lal Churendra @ Raju has already been granted bail by this Court in MCRC No. 222/2025, vide order dated 05.02.2025 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 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 and also endorse the said submission that the applicants have no criminal antecedents. He further submits that from the possession of the applicants, the contraband article i.e. 3 Opium and Doda Chura which is said to have been recovered, is less than commercial quantity and the co-accused, who has been granted bail by this Court only on the ground that no recovery made from him. Hence, the present applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the applicants have no criminal antecedent and the contraband article i.e. Opium and Doda Chura which is said to have been recovered from the possession of the applicants, is less than commercial quantity and further the fact that the co-accused namely Raju Lal Churendra, has already been granted bail by this Court being MCRC No. 222/2025, vide order dated 05.02.2025 only on the ground that no recovery made from him and the charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. 7. Let the Applicants – Ravi Netam and Lokesh Mandavi, involved in Crime No. 183/2024 registered at Police Station Ramanujnagar District - Surajpur (C.G.) for offence under Section 17(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on their furnishing personal bond with two sureties each 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 that they shall not seek any adjournment on the 4 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 sufÏcient 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 fail 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 are deliberated or without sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Kunal