1 2025:CGHC:19961 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2245 of 2025 Shobhnath Ram S/o Shri Ishwar Ram Yadav Aged About 25 Years R/o Village Pandripani Bhitghara, Police Station Bagicha, District Jashpur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Excise Divisional Flying Squad Surguja Division, District Surguja, Chhattisgarh. ... Respondent For Applicant : Shri Rajendra Patel, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01/05/2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 167/2025, registered at Police Station – Excise Divisional Flying Squad Division Surguja, Distt. - Surguja (C.G.) for the offence punishable under Section 20 (b) (ii) (b) of NDPS Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.02 19:50:38 +0530 2 2. The prosecution story, in brief, is that on 08.02.2025, during patrolling, a blockade was done near Murta culvert on Mangrelgarh Road on the basis of secret information from the informant. Thus, on stopping Maruti Alto car bearing registration number CG 13 C 9799 as per informants information, when the person travelling in it was asked, he told his name as Shobhnath Yadav. The search was made and 9.320 kg contraband article Ganja was alleged to be seized from the trunk of the car and the applicant was arrested. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has 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 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 of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the applicant only 9.320 kg contraband article Ganja has been seized. It is further submitted that applicant is in jail since 8/02/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application. He would submit that the applicant has no criminal antecedents. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the 3 parties as well as considering the quantity of Ganja seized from the possession of the applicant i.e. a total of 9.320 kg, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed and further that the applicant is in jail since 8/02/2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant, Shobhnath Ram involved in Crime No. 167/2025, registered at Police Station – Excise Divisional Flying Squad Division Surguja, Distt. - Surguja (C.G.) for the offence punishable under Section 20 (b) (ii) (b) of NDPS Act, be released on bail on his furnishing a 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 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, 4 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. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri