1 2025:CGHC:36208 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4929 of 2025 Sameer Khan S/o Bassu Khan Aged About 22 Years ( Incorrectly Mentioned Bassu Chan In Impugned Order Sheet), At - Ashok Garden, Dashera Maidan (Incorrectly Mentioned Ishara Maidan In Impugned Order Sheet), Near Shiv Mandir, P.S. Ashok Garden, District Bhopal, M.P. ...Applicant versus State Of Chhattisgarh Through S.H.O. P.S. G.R.P. District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Vinay Nagdev, Advocate (Through V.C.) For Non-applicant/State : Mr. S.S. Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.07.2025 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 applicant who has been arrested in connection with Crime No. 158/2024 registered at Police Station – PS GRP District – Raipur (C.G.) for the offence under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution's case, in brief the investigating officer of PS GRP. District Raipur received a classified information on 17/11/2024 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.26 11:07:39 +0530 2 whereafter, while conducting raid seized 8.240 kgs of Ganja from the applicant and 6.420 kgs of Ganja from the co-accused, in total 14.660 kgs of Ganja was seized. Thereafter, the applicant was arrested and crime no. 158/2024 was registered against the applicant. After culmination of investigation, chargesheet has been filed before the concerned trial court and the applicant since the date of arrest i.e. 17/11/2024 is in judicial custody for more than six months. Hence, this application. 3. The applicant submits that he has not committed the alleged offence and has been falsely implicated in a fabricated case based on incorrect and baseless facts framed by the police. He was arrested on 17.11.2024 by PS GRP, District Raipur, under Section 20(b)(ii)(B) of the NDPS Act and has been in judicial custody since then, despite there being no need for custodial interrogation. The alleged offence is triable by the Sessions Court and does not attract life imprisonment or capital punishment. The charge sheet has already been filed, eliminating any risk of interference with the investigation. Furthermore, co-accused Shivendra Singh has already been granted bail in MCRC/165/2025, a copy of which is annexed. The applicant is the sole breadwinner of his family, and his continued detention is causing undue hardship to his dependents and he is in jail since 17.11.2024, 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 3 Court and also endorse the said submission that the applicant has one criminal antecedents. therefore, he is 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. 14.660 kg of Ganja was recovered from the joint possession of the present applicant and other co-accused person and co-accused person has already been granted bail by this Court in MCRC No. 165 of 2025 and also considering the fact that the charge- sheet has been filed in the present case before the competent Court and the applicant is in jail since 17.11.2024, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Sameer Khan involved in Crime No. 158/2024 registered at Police Station – PS GRP District – Raipur (C.G.) for the offence under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on 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. 4 (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of her 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 her 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. 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