1 2025:CGHC:42194 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4819 of 2025 • Sanjay Vishwakarma S/o Ramkishan Vishwakarma Aged About 30 Years R/o Bada Bajar Chandan Nagar, Near Rajiv College Hanuman Mandir P/s Khetrajpur District Sambalpur Odisha ... Applicant versus • State Of Chhattisgarh Through P.S. D.D. Nagar, District Raipur Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Aksh Mishra, Advocate For Respondent/State : Mr. Malay Jain, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/08/2025 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. 198/2025 registered at Police Station D.D. Nagar, District Raipur (C.G.) under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the investigating officer received classified information in perusal of which while conducting raid, he 4.760 kg ganja from the applicant whereafter the applicant was arrested and produced before the concerned remand court which VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.22 11:08:42 +0530 2 remanded him to judicial custody. The applicant is in custody since 11.05.2025 and the fact that the applicant has been remanded to judicial custody makes it apparent that there is no need of custodial interrogation. Hence, the applicant may kindly be enlarged on bail subject to the conditions imposed by this Hon'ble Court. Hence, this application. 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 and he is in jail since 11.05.2025 and the 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 charge-sheet has been filed in the present case before the competent Court. He further submits that applicant is a resident of State of Odisha, but he has not having case diary and 4.760 kg ganja is seized from the possession, therefore, the present applicant is 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, particularly considering the fact that applicant is a resident of State of Odisha, therefore, time has been granted twice to the learned State counsel to inform about the criminal antecedent of the present applicant, but the same has not been complied with, the contraband 3 article (Ganja) seized is less than commercial quantity, charge-sheet has already 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 – Sanjay Vishwakarma, involved in Crime No. 198/2025 registered at Police Station D.D. Nagar, District Raipur (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 4 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. 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