1 2025:CGHC:35837 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3945 of 2025 1 - Munna Singh Son Of Dharikshan Singh Aged About 36 Years Resident Of Chintavanpur, P.S. Sugauli, District West Champaran Bihar 2 - Rajkumar Singh Son Of Manoj Kumar Singh Aged About 27 Years Resident Of Madhopur, P.S. Manjhvaliya District West Champaran Bihar ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Singhoda District Mahasamund (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sudhir Kumar Sahu, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 34/2025 registered at Police Station Sighoda, District Mahsamund (C.G.) under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on the basis of secret information received by the Police the Police has recovered total VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.25 13:00:37 +0530 2 12.290 Kg contraband Ganja actual weight 11 kg from possession of the present applicant, therefore, the police has arrested the accused persons and filed the charge-sheet before the concerned Court. 3. It has been argued by learned counsel for the applicant that the applicant have been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicants. He further submits that 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 the applicants have no criminal antecedents and they are in jail since 09.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, she 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 applicants are resident of State of Bihar 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 antecedent. He further submits that 12.290 Kg contraband Ganja is seized from the possession of applicants, therefore, the present applicants are not entitled for grant 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 applicants have no criminal antecedent and they are in jail since 09.04.2025, charge-sheet has been filed and the trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case 3 7. Let the Applicants – Munna Singh and Rajkumar Singh, involved in Crime No. 34/2025 registered at Police Station Sighoda, District Mahsamund (C.G.) under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on their furnishing personal bond with two local 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 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 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. 4 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously as possible within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. Office 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 vaishali