1 2025:CGHC:18117 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2723 of 2025 1. Gangadhar Mahanand S/o Lakshmidhar Mahanand Aged About 25 Years R/o Quarter No. E/7/3 Railway Colony Kantabhanji District Balangir Orissa 2. Ashafak Ali S/o Mohd. Munvvar, Aged About 29 Years R/o Village Tekadar Bada, Babamajar, District Balangir Orisssa ... Applicant(s) versus 1. State Of Chhattisgarh Through Station House Officer, Police Station Grp Raipur District Raipur (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. C.R. Sahu, Advocate For Non-Applicant(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.04.2025 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 applicants who have been arrested in connection with Crime No. 31/2025 registered MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.24 18:21:08 +0530 2 at Police Station GRP Raipur, District - Raipur (C.G.) for the offence under Sections 20(B) of Narcotic Drugs Psychotropic Substance Act. 3. Case of the prosecution, in brief is that on 15.02.2025, the police of Police Station GRP Raipur, District - Raipur (C.G.), received a secret information from the informant and on the said information police conducted a raid and seized 19.270 K.G. contraband Ganja from the possession of applicants. 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. C.R. Sahu, learned counsel for the applicants that the applicants have been falsely implicated in this case and 19.270 K.G. contraband Ganja was not seized from exclusive possession of the present applicants and was seized in a public place i.e. Railway Station. He also submits that the present applicants have no criminal antecedents. They would further submit that the applicants are in jail since 15.02.2025, 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 applicants. 5. On the other hand, Ms. Ankita Shukla, 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. 3 She further submits that from the from the possession of the applicants, 19.270 K.G. contraband Ganja are seized, therefore, the present applicants are 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 applicants i.e. since 15.02.2025, 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 applicants are entitled to be released on bail in this case. 8. Let the Applicants - Gangadhar Mahanand & Ashafak Ali, involved in Crime No. 31/2025 registered at Police Station GRP Raipur, District - Raipur (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 each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants will file an undertaking to the effect that they will 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. 4 (ii) The applicants will 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 BNS. (iii) In case, the applicants misuse 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 BNS. (iv) The applicants will 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 them 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 5 receipt of this order in accordance with law, if there is no legal impediment. 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