1 2025:CGHC:16492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2669 of 2025 Mahendra Singh S/o Jwahir Singh Aged About 28 Years R/o Village Avantikapur, P.S. And Tahsil Odgi, District Surajpur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Jaynagar (Wrongly Mentioned As Odgi) District Surajpur, Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. Dashrath Kushwaha, Advocate For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.04.2025 1. Proceedings of this case have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 259/2024 registered at Police Station- Jaynagar District - Surajpur (C.G.) for the offence under Section 20(B)and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief is that the Police of Police Station Jaynagar District - Surajpur (C.G.), received a secret information from the informant that four unknown persons have travelling and KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 kept illegal contraband ganja in their vehicle, upon such information, police conducted a raid and seized 12 Kgs of Ganja from the joint possession of the accused persons. Thereafter, the aforesaid offence has been registered against the accused persons. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. He further submits that the said contraband Ganja was not seized from the exclusive possession of the present applicant. He also submits that from the joint possession of the accused persons 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 applicant only 12 kg of contraband articles i.e. Ganja has been seized and the applicant is in jail since 17.12.2024 and the co- accused namely Mahendra Jaiswal, Manjesh Jaiswal and Ramayan Jaiswal have already been granted bail by this Court being MCRC No. 1521/2025 vide order dated 24.02.2025 and the case of the applicant is similar to that of the co-accused and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned Panel Lawyer appearing for the Non- applicant/State opposes the prayer for grant of bail and submits that in the present case, charge-sheet has been filed before the competent Court further the applicant has one previous criminal antecedent, in which he has been acquitted moreover, from the joint 3 possession of the applicants i.e. 12 Kg of Ganja has been 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 fact and circumstances of the case that in the present case, charge-sheet has been filed before the competent Court further the applicant has one previous criminal antecedent, in which he has been acquitted moreover, the quantity of contraband article which is said to have been recovered from the joint possession of the accused i.e. 12 Kg of Ganja, is less than commercial quantity and further the co-accused namely Mahendra Jaiswal, Manjesh Jaiswal and Ramayan Jaiswal have already been granted bail by this Court being MCRC No. 1521/2025 vide order dated 24.02.2025 and the case of the applicant is similar to that of the co-accused and the applicant is in jail since 17.12.2024 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant – Mahendra Singh, involved in Crime No. 259/2024 registered at Police Station- Jaynagar District - Surajpur (C.G.) for the offence under Section 20(B)and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing 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 4 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, 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 certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal