1 2025:CGHC:18125 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3056 of 2025 • Gulshan Kumar Sahu S/o Omprakash Sahu Aged About 18 Years R/o Village- Kuhkuha, Ps- Kurud, District- Dhamtari, CG ... Applicant versus • State Of Chhattisgarh Through Police Station- Kurud, District- Dhamtari, CG ... Non-applicant For Applicant : Mr. Shobhit Koshta, Advocate For State : Ms. Smriti Shrivastava, 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 the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 44/2025 registered at Police Station Kurud, District Dhamtari (C.G.) under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act and Sections 25 of Arms Act. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.24 17:16:41 +0530 2 3. Case of the prosecution, in brief, is that on 02/02/25, the police received the mukhbir information that three persons in Honda City Car bearing No.- CG 04/HA/6401 are illegally selling prohibited substance. On the receipt of information, the police searched the applicant and found from the possession of Tikendra Kumar Sahu @ Tillu 18 packet, total 144 piece Spsmo Proxy Von Plus and one old country made firearm 315 bor and five live Kartus and Rs 700 and one old Vivo mobile. That, from the possession of Jayprakash Sahu @ Golu 12 packet, total 96 piece Spsmo Proxy Von Plus and one knife and Rs 500/- and one old Vivo mobile. That, from the present applicant 6 packet, total 48 piece Spsmo Proxy Von Plus and one knife and Rs 220 and one old Vivo mobile. Afterwards, the concerned police authorities after investigation filed the charge sheet. 4. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedents and he is in jail since 02.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 5. 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 also endorse the said submission that the applicant has no criminal antecedent. He further submits that aforesaid material seized from the joint possession, 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 facts and circumstances of the case that the applicant has no criminal antecedent and 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 – Gulshan Kumar Sahu, involved in Crime No. 44/2025 registered at Police Station Kurud, District Dhamtari (C.G.) under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act and Section 25 of Arms Act, be released on bail on their 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 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 4 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 sufficient 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 sufficient 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. Office 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 vaishali