1 2025:CGHC:17873 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2453 of 2025 1. Firoz Khan S/o Shri Abib Khan @ Habib Khan Aged About 26 Years R/o Bhomeshwar Badi, Police Station Padhuman Nagar, District Rajkot (Gujrat) ... Applicant(s) versus 1. State Of Chhattisgarh Through Station House Officer, Police Station Komakhan, District Mahasmund (Chhattisgarh) ... Non-Applicant(s) For Applicant(s) : Mr.; Shikhar Sharma, Advocate For Non-Applicant(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of B.N.S.S. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 25/2025 registered at Police Station Komakhan, District - Mahasamund (C.G.) for the MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.24 13:38:33 +0530 2 offence under Sections 20(B) of Narcotic Drugs Psychotropic Substance Act. 3. Case of the prosecution, in brief is that on 09.02.2025, the ASI of Police Station Komakhan, District - Mahasamund (C.G.), received a secret information from the informant and on the said information police conducted a raid and seized 10 K.G. contraband Ganja from the possession of applicant. Thereafter, offence under Section Sections 20(B) of N.D.P.S. Act has been registered against present applicant. 4. It has been argued by Mr. Shikhar Sharma, learned counsel for the applicant that the applicant has been falsely implicated in this case and 10 K.G. contraband Ganja was not seized from exclusive possession of the present applicant and was seized in a public place i.e. Railway Station. He also submits that the present applicant have no criminal antecedents. They would further submit that the applicant is in jail since 09.02.2025, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, Ms. Smriti Shrivastava, learned Panel Lawyer, appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. She further submits that from the from the possession 3 of the applicant, 10 K.G. contraband Ganja are 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. Taking into consideration the facts & circumstances of the case, nature & gravity of offence, period of detention of the applicant i.e. since 09.02.2025, charge-sheet has been filed and the trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant - Firoz Khan, involved in Crime No. 25/2025 registered at Police Station Komakhan, District - Mahasamund (C.G.), for the offences punishable under Section 20(B) of N.D.P.S. Act, be released on bail on their furnishing a personal bond with two local 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 4 through their counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of BNS. (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 BNS. (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 copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Manish