1 2025:CGHC:17887 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1779 of 2025 1 - Sushant Behera S/o Vika Behera Aged About 26 Years R/o Village Chumadighai Post- Purusottampur P.S. Purusottampur, District - Ganjam (Odisha) 2 - Abhay Singh Baghel S/o Dhrampal Singh Baghel Aged About 19 Years R/o Village Rimari Post- Haza P.S. Panwar District-Rewa (M.P.) 3 - Swastik Pathak S/o Ramendra Pathak Aged About 20 Years R/o Village- Rambagh Post Patiyari P.S. Panwar District- Rewa (M.P) ... Applicant versus State Of Chhattisgarh Through Police Station New Rajendra Nagar District- Raipur (C.G.) ... Respondent For applicants : Shri Ashish Gangwani, Advocate. For Respondent/State : Mrs. Smrit Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21/04/2025 1. Proceeding of this matter have been taken through video conferencing. 2. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 22/2025, registered at Police Station –New Rajendra Nagar District Raipur (C.G.). GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.23 16:19:09 +0530 2 for the offence punishable under Section 20(B) of N.D.P.S. Act. 3. The prosecution story, in brief, is that on receiving information from the informer on dated 01.02.2025, Police Station New Rajendra Nagar District- Raipur (C.G.). Police has recovered 5.570 kilograms of Ganja/drug from possession of the applicant no.01 and Police recovered 2.200 Kg of Ganja/drug, from possession of the applicant No.02 And Police recovered 2.385 kg of Ganja/drug, from possession of the applicant No.03 (Total 10.155 kg of Ganja from possession of the applicants) Thereafter, the police registered crime no. 22/2025 and applicants arrested in this matter. 4. It has been argued by the learned counsel for the applicants that the applicants are innocent and they have been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicants intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the applicants only 10.155 kg of Ganja has been seized. It is further submitted that the applicants are in jail since 01/02/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 5. 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 case. She would submit that applicants No.1 and 2 have no criminal antecedents and applicant No.3 has one criminal antecedent under the IPC in the State of Madhya Pradesh. It is submitted that a total 3 of 10.155 kg of Ganja has been recovered from the possession of the applicants, therefore, this bail application is liable to be rejected. 6. I have heard learned counsel for the parties and perused the material available on record. 7. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Ganja seized from the possession of the applicants i.e. a total of 10.155 kg of Ganja, which is less than the commercial quantity. Also considering the fact that charge- sheet has been filed and applicants No.1 and 2 have no criminal antecedents and applicant No.3 has one criminal antecedent under the IPC in the State of Madhya Pradesh, further the applicants are in jail since 01/02/2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicants are entitled to be released on bail in this case. 8. Let the applicant No.1 Sushant Behera, applicant No.2 Abhay Singh Baghel and applicant No.3 Swastik Pathak involved in Crime No. 22/2025, registered at Police Station –New Rajendra Nagar District Raipur (C.G.) for the offence punishable under Section 20(B) of N.D.P.S. Act, be released on bail on their furnishing a personal bond with two local sureties 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 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 4 court on each date fixed, either personally or through their counsel. In case of his 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 applicant fails 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 is deliberate 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. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 10. OfÏce 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 gouri