1 2025:CGHC:37723 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4714 of 2025 1 - Seema Gupta W/o Late Rakesh Gupta Aged About 38 Years R/o Village- Patharra Chowki Kotmikala Ps Pendra District- Gaurela-Pendra-Marwahi (Chhattisgarh) 2 - Kumari Ranu Gupta D/o Late Rakesh Gupta Aged About 20 Years R/o Village- Patharra Chowki Kotmikala Ps Pendra District- Gaurela-Pendra- Marwahi (Chhattisgarh) ... Applicants versus State Of Chhattisgarh Through - Sho Pendra, Distt.- Gaurela-Pendra- Marwahi (C.G.) ... Non-applicant For Applicants : Mr. Dheerendra Pandey, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.07.2025 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 applicants who have been arrested in connection with Crime No. 175/2025 registered at Police Station – Pendra District – Gaurela – VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.01 17:20:15 +0530 2 Pendra, Marwahi (C.G.) for the offence under Section 20(B) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per case of the prosecution brief is that, it is alleged that Pendra Police has seized contraband (Ganja) 8 Kg 470 Grams from the possession of the applicants and recorded the memorandum statement of the applicant No. 1 as per the memorandum statement she has sell the ganja with help of her son and his friend both are juvenile by which police have registered the aforesaid offence against the applicants 3. It has been argued by learned counsel for the applicants that the applicants have been falsely implicated in this case. He further submits that police has also not been completed formalities of NDPS like section 42, 50, 55 of NDPS that is also ground for grant of bail. He further submits that police has seized 8kg 470 gram of Ganja and 50 gm Ganja was reduced for sample but deposit Ganja not sort therefore applicant is entitle for grant of bail and they are in jail since 25.05.2025, conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel appearing for the State/non- applicant. He further submits that from the possession of the applicants contraband article i.e. 8.470 Kgs of Ganja was seized and applicant No.1 has one criminal antecedents, therefore, they are not entitled for grant of regular 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 contraband article i.e. 8.470 Kgs of Ganja was recovered from the 3 possession of the applicants, which is less than commercial quantity. . Also considering the fact that the charge-sheet has been filed in the present case before the competent Court and the applicants are in jail since 25.05.2025, conclusion of the trial may take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants - Seema Gupta & Kumari Ranu, involved in Crime No. 175/2025 registered at Police Station – Pendra District – Gaurela – Pendra, Marwahi (C.G.) for the offence under Section 20(B) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and 4 the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 them 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