1 2025:CGHC:35836 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3946 of 2025 • Sheshank Dubey S/o Devendra Dubey Aged About 32 Years R/o Ward No. 19, Near Rest House Tejgarh, District Damoh Madhya Pradesh ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Basna, District Mahasamund Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sudhir Kumar Sahu, Advocate For Respondent/State : Mr. Hariom Rai, 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 applicant who has been arrested in connection with Crime No.170/2025 registered at Police Station Basna, 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 date of incident police officer received information from the informant that one known persons have kept contraband ganja in his motorcycle to sale and police has seized 8.800kg contraband ganja from place of incident at VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.25 20:19:14 +0530 2 open place and as a result thereof, police has registered offence publishable under section 20(B) of the NDPS Act against the applicant. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. 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. The is in jail since 25.04.2025 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, the learned counsel for the State opposes the bail application but admits that though twice the time was granted to obtain the criminal antecedent of the applicants order dated 20.05.2025 and 02.07.2025 from the State of Madhya Pradesh, but the same could not be obtained yet. He further submits that total 8.800kg contraband ganja has been seized from the possession of the applicants and co-accused persons, hence they 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 applicant is in jail since 25.04.2025 and the fact that in pursuance to the Court’s order dated 20.05.2025 and 02.07.2025, twice the time was granted to obtain the criminal antecedents of the applicants from the State of Madhya Pradesh, but no response has been made by the concerned States with respect to the query made from the office of the Advocate General regarding the same, charge- 3 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 7. Let the Applicant – Sheshank Dubey, involved in Crime No.170/2025 registered at Police Station Basna, 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 4 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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible, 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