1 2025:CGHC:28294 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3731 of 2025 1 - Manish Ram S/o Dina Nath Aged About 22 Years R/o Vishnupura, Post Bhaisahi, P.S. Manjhagarh, District Gopalgunj, Bihar (Details Of Applicants Are As Per Charge-Sheet) 2 - Suraj Kumar Sahni S/o Late Rajesh Sahni Aged About 19 Years R/o Ishapur, Bintoli, Post Mungrah P.S. Manjhagarh, District Gopalgunj, Bihar (Details Of Applicants Are As Per Charge-Sheet) 3 - Akash Gond S/o Govind Gond Aged About 19 Years R/o Hirri Nayapara, P.S. Kundai, District Navrangpur, Odisha (Details Of Applicants Are As Per Charge-Sheet) 4 - Bholenath Gond S/o Jayram Gond Aged About 21 Years R/o Hirri Nayapara, P.S. Kundai, District Navrangpur, Odisha (Details Of Applicants Are As Per Charge-Sheet) ... Applicants versus State Of Chhattisgarh Through The Police Station Keshkal District Kondagaon Chhattisgarh ... Non-applicant For Applicants : Mr. Pravin Kumar Tulsyan, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.27 20:12:10 +0530 2 26.06.2025 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 applicants who have been arrested in connection with Crime No. 39/2025 registered at Police Station Keshkal District Kondagaon (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per case of the prosecution is that on 08.03.2025 the police of police station Keshkal District Kondagaon has received confidential information regarding some persons transporting contraband "Ganja" on two motorcycles. Police have started checking the vehicles near Panchavati where the present applicants were found to be in possession of 07.600 K.G. of Ganja. The Police have arrested the applicants and after due investigation filed the charge-sheet. 3. It has been argued by learned counsel for the applicants that the applicants have been falsely implicated in this case. He further submits that the persecution has not complied the mandatory provision given in the law therefore, no case is made out against the present applicant and the quantity seized from the applicants are less than commercial quantity and the applicants are young boy and they are in jail since 08.03.2025, conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel appearing for the State/non- applicant. He further submits that from the possession of the applicants contraband article i.e. 7.600 Kgs of Ganja was seized, therefore, they are not entitled for grant of regular bail. 3 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. 7.600 Kgs of Ganja was recovered from the possession of the applicants, which is less than commercial quantity. . Also considering the fact that the charge-sheet has been filed in the present case before the competent Court and the applicants are in jail since 08.03.2024, conclusion of the trial may take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicant - Manish Ram, Suraj Kumar, Akash Gond & Bholenath Gond involved in Crime No. 39/2025 registered at Police Station Keshkal District Kondagaon (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 applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient 4 cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails 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 the Bharatiya Nyaya Sanhita. (iv) The applicants 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 them in accordance with law. 8. Office 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 vaibhav