1 2025:CGHC:17884 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2027 of 2025 Satyendra Kumar Yadav S/o Shri Sigasan Yadav Aged About 36 Years R/o Village And Post Chhawani, P.S. Karakat Godari, District Rohtas Bihar. ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Bodhghat, District Bastar, Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. Vinod Kumar Tekam, Advocate For Non-applicant/State : Ms. Shubha Shrivastava, Penal Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.04.2025 1. Proceedings of this case have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 66/2025 registered at Police Station Bodhghat District – Bastar (C.G.) for the offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief is that the police of Police Station Bodhghat District - Bastar (C.G.), received a secret information from KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 the informant and on the said information police conducted a raid and seized 5.300 Kgs of Ganja from the possession of the present applicant which was kept for the purpose of sell. Thereafter, offence punishable under Section 20(B)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that from the possession of the present applicant 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 for Ganja as prescribed under the schedule is more than 20 Kgs and from the possession of the present applicant, only 05.300 kg of Ganja has been seized. He further submits that there is no criminal antecedent of the present applicant and is languishing in jail since 14.02.2025 and in the present case, charge-sheet has been filed before the competent Court, the conclusion of the trial is likely to take some time, hence, he prays to enlarge the present applicant on bail. 5. On the other hand, learned Panel Lawyer opposes the prayer for grant of bail and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has no criminal antecedent however, from the possession of the present applicant i.e. 05.300 kgs of Ganja has been recovered as such, he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused 3 the case diary. 7. Taking into consideration the fact and circumstances of the case, nature and gravity of offence levelled against him and further the fact that in the present case, charge-sheet has been filed before the competent Court and the applicant has no criminal antecedent, further the quantity of contraband article which is said to have been recovered from the possession of the applicant i.e. 05.300 kgs of Ganja, is less than commercial quantity and the applicant is in jail since 14.02.2025 and 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. 8. 8. Let the Applicant – Satyendra Kumar Yadav, involved in Crime No. 66/2025 registered at Police Station Bodhghat District – Bastar (C.G.) for the offence under Section 20(b)(ii)(C) 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 sufÏcient 4 cause, the trial court may proceed against him 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. (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 sufÏcient 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. 9. 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 Kunal