1 2025:CGHC:17652 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2371 of 2025 1 - Deepali Barle D/o Santosh Barle Aged About 19 Years R/o Titurdih Milan Chowk Durg, Police Station Mohan Nagar, District Durg Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Mohan Nagar, District Durg Chhattisgarh. ... Respondent/State (Cause Title taken from Case Information System) For Applicant : Mr. Aman Tamrakar, Advocate. For State : Mr. Bharat Gublani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.04.2025 1. Proceedings of this case have ben taken through video conferencing. 2. 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. 660/2024 registered at Police Station Mohan Nagar, District Durg (C.G.) for offence under Section 20(b) and 27 (A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Digitally signed by AMIT PATEL 2 3. Case of the prosecution, in brief, is that on 23.12.2024, a secret information has received from the informant that Suman Barle, Shailendra Pandey, Tulsi Barley have kept contraband article ganja in their rented house at Titurdih Nayapara near Bhagat Singh School and searching customer for selling the contraband article and when the concerned police arrested them and recovered 8 packets of contraband article ganja which is total 16.782 kg along with cash of Rs. 68,200/- from the possession of co-accused persons and the name of the applicant has come into light from the memorandum statement of the co-accused person. Thereafter, the present applicant was arrested by the police and the aforesaid offence has been registered. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. It is submitted that the charge-sheet has not been filed in this case, the present applicant has been arrested only on the basis of the other co-accused Suman Barle and on the ground of suspicious she has been arrested and there is no any material evidence against the present applicant and the applicant is the sister of the co-accused Suman Barle, further the applicant is 19 years old age girl and no such recovery has been made from the possession of the applicant. It is further submitted that there is no any criminal antecedents of the applicant, she is in jail since 23.12.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has not been filed in the present case before the competent Court. He further submits that from the joint possession of the applicant and other co- 3 accused persons contraband article i.e. 16.782 kg of Ganja is seized, therefore, the present applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. After considering the submissions advanced by learned counsel for the parties as well as considering the quantity of ganja seized from the possession of the co-accused person i.e., a total of 16.782 kgs, which is less than the commercial quantity. Also considering the fact that charge- sheet has not been filed in the present case, further the fact that entire family has been falsely implicated in the present case and the contraband article ganja was recovered from the co-accused Suman Barle and the applicant happens to be sister of the co-accused Suman Barle and the mother of the co-accused was also falsely implicated in the present case on the basis of memorandum statement who is 82 years old has been granted bail. The applicant is in jail since 23.12.2024, I am of the opinion that the applicant is entitled to be released on bail in this case. 8. Let the Applicant -Deepali Barle involved in Crime No. 660/2024 registered at Police Station Mohan Nagar, District Durg (C.G.) under Section 20(B) and 27 (A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on her 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 4 absence, without sufÏcient 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 10.OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/-d/- (Ramesh Sinha) Chief Justice AMIT PATEL