1 2025:CGHC:1464 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 68 of 2025 Ashok Chaure S/o Late Gyansingh Chaure Aged About 48 Years R/o Village Taroud, Tikrapara, Police Station - Balod, District - Balod, Chhattisgarh (Particulars Of The Applicant Is Mentioned Correctly As Per Chargesheet) ... Applicant versus State Of Chhattisgarh Through - Police Station - Doundilohara, District - Balod (C.G.) ... Non-applicant For Applicant : Mr. Anmol Sharma, Advocate For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.01.2025 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. 158/2024 registered at Police Station Doundilohhara District - Balod (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 on 27.10.2024, as per secret information received from the informant that the present applicant in his motor cycle, carrying bag consisting of psychotropic substance KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 ganja travelling for the purpose of selling it towards village Chilhatikala. Upon such information, the police authority conducted raid at the spot and have seized 4 Kgs of Ganja from the possession of present applicant. Thereafter, the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against the present applicant. 3. 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 contraband article i.e. 04 Kg Ganja was not seized from the possession of the present applicant. He also submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act. He further submits that the applicant has two previous criminal antecedents under the Excise Act of the year 2022, out of which in one case, the applicant has been acquitted and another case is pending which is at the stage of prosecution evidence and he is in jail since 27.10.2024 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 Panel Lawyer opposes the bail application of the present applicant and submit that in the present case, charge-sheet has been filed before the competent Court and the applicant has two criminal antecedents under the Excise Act which has been explained in his bail application. He further submits that from the possession of the present applicant 04 Kgs of Ganja was seized, therefore, the present applicant is not entitled for grant 3 of bail. 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 present applicant has two criminal antecedents under the Excise Act of the year 2022, out of which in one case, the applicant has been acquitted and another case is pending which is at the stage of prosecution evidence and also considering the fact that in the present case, charge-sheet has been filed before the competent Court and the applicant is in jail since 27.10.2024 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. 7. 7. Let the Applicant –Ashok Chaure, involved in Crime No. 158/2024 registered at Police Station Doundilohhara District - Balod (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 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 4 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. 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