1 2025:CGHC:37423 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3899 of 2025 Kuldeep Singh S/o Late Lallu Singh Aged About 51 Years R/o Village - Sarnadih, P.S. - Balrampur, Distt. - Balrampur Ramanujganj (Chhattisgarh) ...Applicant versus State Of Chhattisgarh Through - S.H.O. - Shankargarh, Distt. - Balrampur Ramanujganj,(Chhattisgarh) ... Non-applicant For Applicant : Mr. Dheerendra Pandey, Advocate. For Non-applicant/State : Mr. S.S. Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2025 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. 48/2025 registered at Police Station – Shankargarh District - Balrampur (C.G.) for the offence under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per prosecution that 21.04.2025 SHO of Shankargarh, District Balrampur namely Jitendra Soni had received secret information from VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.30 19:08:54 +0530 2 the mukhbir two person transporting the Ganja (cannabis) from the motorcycle TVS Rider Bering No. C.G.-15-ED-3418 on basis of said information, Shankargarh SHO along with his staff has reached the spot and seized 350 gram Ganja from the possession of the co- accused i.e. Ramgulam & Mahendra Sonwani and recorded the memorandum statement of the co-accused on the basis of the memorandum statement of the co-accused alleged the applicant crime in question and seized 4 Kg 309 gram Ganja from the possession of the present applicant and arrested 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 the Balrampur police has also not been completed formalities of NDPS like section 42, 50,55 of NDPS Act that is also ground for grant of bail. He further submits that Shankargarh Police has seized 4 Kg 309 gram of Ganja and 50 gram ganja was reduced for sample but deposit Ganja not sort therefore applicant is entitled for granted bail. He further submits that the applicant only alleged to crime in question only on admissible part of evidence against the applicant and he is in jail since 22.04.2025, 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 applicant has two criminal antecedents in the year 2010 and 2013. therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, and the fact that the previous criminal antecedents of the applicant are old and stale, and the remaining cases are based on Ishtgasa, and further, that the charge-sheet has already been submitted before the competent Court in the present case, and the applicant has been in jail since 22.04.2025, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant - Kuldeep Singh involved in Crime No. 48/2025 registered at Police Station – Shankargarh District - Balrampur (C.G.) for the offence under Section 20(b)(ii)(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 she 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 his counsel. In case of her absence, without sufficient cause, the trial court may proceed against his 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, 4 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 her, 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. 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