1 2025:CGHC:28276 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2774 of 2025 1 - Gajendra Prajapati S/o Gorelal Prajapati Aged About 20 Years R/o Ward No. 09, House No. 69, Village Tapriyan, Police Station Bamitha, District Chhatarpur (M.P.). 2 - Paramlal Patel S/o Kaliya Patel Aged About 22 Years R/o Village Rampura, Police Station Bamitha, Tahsil Satai, District Chhatarpur (M.P.). ... Applicants versus State Of Chhattisgarh Through Station House Office, Police Station Komakhan, District Mahasamund (C.G.) ... Non-applicant For Applicants : Mr. Shikhar Sharma, Advocate For Res./State : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.06.2025 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. 23 of 2025 registered at Police Station- Komakhan, District Mahasamund 2 (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution's case, in brief, the Sub-Inspector of the Police Station Komakhan during the patrolling time on 04.02.2025 found two persons driving one motorcycle and upon the checking they found 7 Kgs of Ganja Packed inside the plastic bag and the police made seizure of the said contraband Ganja from the joint possession of applicants. 3. It has been argued by learned counsel for the applicants that the applicants have been falsely implicated in this case. He further submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the joint possession of the applicant alongwith co-accused intermediate quantity of Ganja was 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 applicant alongwith co-accused 07 kgs of Ganja was seized. It is further submitted by the learned counsel for the applicants that the applicants are in jail since 04.02.2025, conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel 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 applicant No. 1- Gajendra Prajapati has three criminal antecedents under the BNS, Arms Act and SC/ST Act and applicant 3 No.2- Paramlal Patel two criminal antecedent under the BNS and Arms Act. Therefore, they may be entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the contraband article i.e. 07 kgs of Ganja was recovered from the joint possession of the applicant alongwith the co-accused, which is less than commercial quantity and also considering the fact that the charge- sheet has been filed in the present case before the competent Court and the applicant is in jail since 04.02.2025, conclusion of the trial may take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the applicant No. 1- Gajendra Prajapati and applicant No. 2- Paramlal Patel involved in Crime No. 23 of 2025 registered at Police Station- Komakhan, District Mahasamund (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 local 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 4 court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient 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 their 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, (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 deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.27 20:08:37 +0530