1 2025:CGHC:14596 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2405 of 2025 1 - Kamlesh Sahu S/o Makhan Lal Sahu Aged About 30 Years R/o Village - Boirdih, Thana- Hasoud, Distt.- Sakti (C.G.) 2 - Rajkumar Sahu S/o Kartik Ram Sahu Aged About 25 Years R/o Village- Boirdih, Thana-Hasoud, Distt.- Sakti (C.G.) ... Applicants versus State Of Chhattisgarh Through - Station House OfÏcer, Chakradharnagar, Distt.- Raigarh (C.G.) ... Non-applicant For Applicants : Mr. Amit Sharma, Advocate For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.03.2025 1. This is the first bail application 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 No. 20/2025 registered at Police Station Chakradhar Nagar District - Raigarh (C.G.) for the offence 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 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Chakradhar Nagar District - Raigarh (C.G.), during a vehicle search on January 13, 2025, near a checkpoint, an individual stopped at a distance, turned their motorcycle around, upon suspicion, the accused sped away, but the pillion accused, Kamlesh Sahu, carrying a large backpack, fell off and was caught. He admitted to carrying ganja in the backpack. A memorandum statement of Kamlesh Sahu was recorded in the presence of witnesses, where he stated that he was carrying ganja in motorcycle with accused Rajkumar Sahu. The seized ganja weighed 7.220 kilograms. During the investigation, co-accused Rajkumar Sahu was arrested and revealed that he purchased the ganja for ₹49,000/- and was caught by the police while transporting it. 3. Learned counsel for the applicants submits that the present applicants are innocent and have been falsely implicated in the present case. He further submits that from the joint 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 joint possession of the applicants only 7.220 kgs of contraband article has been seized. He further submits that the co-accused has already been granted bail by this Court in MCRC No. 1615/2025 vide order dated 20.03.2025 and the applicants are in jail since 13.01.2025 and 18.01.2025 respectively and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 3 4. On the other hand, learned Panel Lawyer opposes the bail application of the present applicants and submit that the charge- sheet has been filed in the present case before the competent Court and the applicants have no criminal antecedent further, the quantity of contraband article which is said to have been recovered from the possession of the applicant No. 1 namely Kamlesh Sahu i.e. 7.220 kgs of Ganja, which is less than commercial quantity and on the basis of memorandum statement of the Kamlesh Sahu, the applicant No. 2 namely Rajkumar Sahu has been made accused. Hence, the present 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 fact and circumstances of the case that the charge-sheet has been filed in the present case before the competent Court and the applicants have no criminal antecedent further, the quantity of contraband article which is said to have been recovered from the possession of the applicant No. 1 namely Kamlesh Sahu i.e. 7.220 kgs of Ganja, which is less than commercial quantity and on the basis of memorandum statement of the Kamlesh Sahu, the applicant No. 2 namely Rajkumar Sahu has been made accused and also considering the fact that the co- accused namely Subodh Sa has already been granted bail by this Court in MCRC No. 1615/2025 vide order dated 20.03.2025 thus, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. Let the Applicants – Kamlesh Sahu and Rajkumar Sahu, 4 involved in Crime No. 20/2025 registered at Police Station Chakradhar Nagar, District - Raigarh (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two 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 misuses the liberty of bail during trial and in order to secure his 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, before the trial court on the dates fixed for (i) opening of the case, 5 (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 deliberated 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 Kunal