1 2025:CGHC:25487 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3949 of 2025 Sanjay Julfekar @ Lendi S/o Himmat Julfekar Aged About 27 Years R/o Gandhi Nagar, Kalibadi, P.S. City Kotwali, Raipur District Raipur Chhattisgarh (Detail Of The Applicant Has Not Mentioned In Annexure A-1) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, Raipur, District Raipur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. C.R. Sahu, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.06.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.337/2024, registered at Police Station- City Kotwali, Raipur, District- Raipur (C.G.) for the offence punishable under Section AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the ‘NDPS Act’). 2. The prosecution story, in brief, is that, on 29.03.2025, police received information by the informant that the unknown persons have kept illegal contraband ganja in their possession to sell near Kalibadi Chowk, Raipur and police has seized 04 kg contraband ganja from place of incident at open place, and thereafter prepared the seizure memo and arrested the applicant on 29.03.2025 for alleged offence publishable under section 20 (B) of the N.D.P.S. Act 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the instant case. The prosecution has made a false allegation against the present applicant although the contraband ganja which has been seized by the police is than commercial quantity. The concerned police authorities have not complied the mandatory provision of N.D.P.S. Act during investigation and registered FIR against the present applicant which is against the law. There is no seizure of any incriminating article has been made from the exclusive possession of the applicant. He further submits that other co-accused Anil @ Ali Julfekar has already been granted bail by this Court vide its order dated 06.03.2025 in M.Cr.C. No. 1857/2025 and on the basis of parity, this Court may kindly be pleased to consider it and grant bail to the present applicant. So far as criminal antecedents of the applicant are concerned, applicant has three criminal antecedents, out of which, one is under the Excise Act which has already been 3 disposed of, one is under the NDPS Act which has already been undergone and one is under the Gambling Act, which is still pending. Lastly, the present applicant is in jail since 29.03.2025 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, hence he prays for grant of 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 the applicant has three criminal antecedents, out of which one is under the Gambling Act, one is under the Excise Act and one is under the NDPS Act. She further submits that from the open place contraband article i.e. 4 kg of Ganja is seized and during the course of investigation present applicant was arrested, therefore, he is not entitled for grant of bail. 5. Heard learned counsel for the parties and perused the documents appended with the bail application. 6. Taking into consideration the facts and circumstances of the case and the fact that the applicant has three criminal antecedents, out of which, one is under the Excise Act which has already been disposed of, one is under the NDPS Act which has already been undergone and one case is under the Gambling Act, which is pending, also considering the fact that no seizure of any incriminating article has been made from the exclusive possession of the applicant as it was made from the co-accused persons and one of the co-accused persons, namely, Anil @ Ali Julfekar from 4 whose possession contraband article has been seized has already been granted bail by this Court vide its order dated 06.03.2025 in M.Cr.C. No. 1857/2025 and the case of present applicant is better than that of the co-accused, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Sanjay Julfekar @ Lendi, involved in Crime No.337/2024, registered at Police Station- City Kotwali, Raipur, District- Raipur (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the ‘NDPS Act’), be released on bail on his furnishing a 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date fixed in such 5 proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section Section 209 of 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil