1 2025:CGHC:13362 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1704 of 2025 Tokesh Sahu S/o Sanjay Sahu Aged About 24 Years R/o Village Kalenda, Post Office Toresiha, Police Station Saraipali, District Mahasamund, Chhattisgarh. --- Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Kasdol, District : Balodabazar-Bhathapara, Chhattisgarh. --- Non-Applicant Along with MCRC No. 1796 of 2025 Dipeshwar Bhoi S/o Hazaru Bhoi Aged About 50 Years R/o Village Toshgaon, Police Station Basna, District Mahasamund, Chhattisgarh. --- Applicant Versus State of Chhattisgarh Through The SHO, Police Station Kasdol, District Balodabazar-Bhatapara, Chhattisgarh. --- Non-Applicant For Applicants : Mr. Raghvendra Pradhan, Advocate and Mr. Siddharth Pandey, Advocate For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.03.2025 1. These are the First bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 No. 71/2025 registered at Police Station – Kasdol, District Balodabazar-Bhatapara, (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that the police of Police Station Kasdol, District Balodabazar-Bhatapara, (C.G.), received a secret information from the informant and on the said information police conducted a raid and seized 04 kg of contraband Ganja from the joint possession of the both the applicants. Thereafter, offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against the applicants. 3. Learned counsel for the applicants submits that the present applicants are innocent and have been falsely implicated in the present case. They further submit that the contraband Ganja was not seized from the joint possession of the present applicants. They further submit that the alleged contraband Ganja seized from the possession of the co-accused persons is less than the commercial quantity and they are arrested only on the basis of the memorandum statement of the co-accused persons. They also submit that prosecution agency has not followed the provisions under Section 42 of the NDPS Act. They further submits that both the applicants have no criminal antecedents and the applicant namely Tokesh Sahu is in jail since 28.01.2025 and the applicant namely Dipeshwar Bhoi is in jail since 29.01.2025 and conclusion of the trial is likely to take quite long time. Therefore, he prays for 3 grant of regular bail to the applicants. 4. On the other hand, learned Panel Lawyer opposes the bail application of both the applicants and submit that the charge-sheet has not been submitted till date as the investigation is still going on. She further submits that from the joint possession of both the applicants total 04 kg of contraband Ganja was seized, therefore, both the 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 contraband Ganja was not seized from the joint possession of the present applicants, the alleged contraband Ganja was seized from the possession of the co-accused persons is less than the commercial quantity and they are arrested only on the basis of the memorandum statement of the co-accused persons and further the fact that both the applicants have no criminal antecedents and the applicant namely Tokesh Sahu is in jail since 28.01.2025 and the applicant namely Dipeshwar Bhoi is in jail since 29.01.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that both the applicants are entitled to be released on bail in this case. 7. 7. Let the Applicants – Tokesh Sahu and Dipeshwar Bhoi, involved in Crime No. 71/2025 registered at Police Station – Kasdol, District Balodabazar-Bhatapara, (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances 4 Act, 1985, be released on bail on furnishing personal bond with two local 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 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 misuse 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, 5 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 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan