1 2025:CGHC:19390 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2727 of 2025 Neeraj Kohri S/o Late Guddu Kohri Aged About 22 Years C/o Ward No. 03, Thana Laalpura Tahsil Sihora, District Jabalpur, Madhya Pradesh. ... Applicant versus The State of Chhattisgarh Through Police Station Singhoda, District Mahasamund Chhattisgarh. ... Non-Applicant For Applicant : Mr. Yash Bothra, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.04.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 107/2024, registered at Police Station – Singhoda, District - Mahasamund (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story, in brief, is that on 02/10/2024 the information PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.30 11:15:23 +0530 2 received by Shri Laxman Sahu (Asst. Sub Inspector) Police Station- Singhoda from informer that 01 boys about 20-22 year coming from orrissa by without number plate platina motor cycle with Contraband article illegally after receiving the following information police party along with Constable No.517,933,799 and 830 went for Raid on Govt. Vehicle carried investigation kit, Torch, battery etc and after doing Ghera bandi policy party arrested the accused and after doing search of the accused police seized 08.400 kg Ganja from accused and on the basis of the same the criminal case was registered at Police Station-Singhoda, Mahasamund, Chhattisgarh, bearing Crime No.107/24 and under Section 20 (B) of N.D.P.S and Applicant was arrested on 02/10/2024. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicant 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 possession of the applicant only 08.400 kg Ganja has been seized. It is further submitted that there is no previous criminal antecedents of the applicant in the State of Madhya Pradesh and Chhattisgarh and he is in jail since 02.10.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there is no previous criminal antecedents of the 3 applicant in the State of Madhya Pradesh and Chhattisgarh. It is submitted that a total quantity of 08.400 KGs of Ganja has been recovered from the possession of the applicant, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Ganja seized from the possession of the applicant i.e. a total quantity of 08.400 Kgs, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed and there is no previous criminal antecedents of the applicant in the State of Madhya Pradesh and Chhattisgarh, and further, that the applicant is in jail since 02.10.2024 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant, Neeraj Kohri involved in Crime No. 107/2024, registered at Police Station – Singhoda, District - Mahasamund (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS 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 4 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. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti