1 2025:CGHC:17871 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2479 of 2025 1. Bhagwan Manjhi S/o Tilo Manjhi Aged About 34 Years R/o Village- Barnipur, Power House, Police Station- Jaipur, District Koraput, Odisha. ... Applicant(s) versus 1. State Of Chhattisgarh Through Station House Officer, Police Station- Pipariya, District Kabirdham, Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Dharmesh Shrivastava, Advocate For Non-Applicant(s) : Mr. Bharat Gulbani, 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. 11/2025 registered at Police Station Pipariya, District - Kabirdham (C.G.) for the offence under Sections 20(B) of N.D.P.S. Act. MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.24 13:38:34 +0530 2 3. Case of the prosecution, in brief is that on 08.01.2025, the Assistant Sub-Inspector of Police Station Pipariya, District - Kabirdham (C.G.), received a secret information from the informant that some persons are transporting narcotic substances by a black colour four wheeler, then the policy reached at N.H. -30, the police conducted a raid and seized 5.080 cannabis from the possession of applicant. Thereafter, offence under Section Sections 20(B) of N.D.P.S. Act has been registered against present applicants. 4. It has been argued by Mr. Dharmesh Shrivastava, learned counsel for the applicant that the applicant has been falsely implicated in this case and 5.080 kilograms cannabis from the joint possession of the present applicant and other co-accused. He also submits that the present applicant has no criminal antecedents. He would further submit that the applicant is in jail since 09.01.2025, 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, Mr. Bharat Gulbani, 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 applicants. She further submits that from the joint possession of the applicants 5.080 kilograms cannabis are seized, therefore, the 3 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 09.01.2025, 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 - Bhagwan Manjhi, involved in Crime No. 11/2025 registered at Police Station Pipariya, District - Kabirdham (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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously as possible within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 5 10. 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