1 2025:CGHC:8928 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 557 of 2025 Moti Rayakwar S/o Mitthan Rayakwar Aged About 40 Years R/o Village- Badhank Kund, Police Station - Hindoriya, District - Damoh (M.P.), Present Address - Sagar Naka, House of Pinky Pandey, Damoh, Police Station - Kotwali, District- Damoh (M.P.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Purani Basti, Raipur, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Rajeev Kumar Dubey, Advocate. For Non-applicant/State : Ms. Smriti Shrivatava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.02.2025 1. 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. 472/2024 registered at Police Station Purani Basti, Raipur, District Raipur (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that the police of Police Station ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.21 11:15:59 +0530 2 Purani Basti, Raipur, District Raipur, received a secret information from the informant and on the basis of the said information conducted a raid and seized 6.970 Kgs of contraband Ganja from the possession of the applicant and other co-accused person, thereafter, the aforesaid offence was registered against the applicant. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicant intermediate quantity of Ganja was 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 6.970 kgs of Ganja was seized. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedents and he is in jail since 07.11.2024 and 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, 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 antecedents. She further submits that the bail of the other co-accused, namely, Heeralal Sahu, has already 3 been rejected by this Hon’ble Court in MCRC No. 9069 vider order dated 02.01.2025, therefore, the bail application of the present applicant is also liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the contraband article i.e. 6.970 Kgs of Ganja was recovered from the joint possession of the applicant and other co-accused person, which is less than commercial quantity. Furthermore, the bail application of the co-accused, Heeralal Sahu, was rejected by this Court due to his criminal antecedents. Moreover, the present applicant has no criminal antecedents. Also considering the fact that the charge-sheet has been filed in the present case before the competent Court and the applicant is in jail since 07.11.2024, 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. 7. Let the Applicant - Moti Rayakwar, involved in Crime No. 472/2024 registered at Police Station Purani Basti, Raipur, District Raipur (C.G.) for the offence under Section 20(B) 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 he shall not seek any adjournment on the dates 4 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. 5 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek