1 2025:CGHC:30592 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5053 of 2025 Som Chandel S/o Jain Lal Chandel Aged About 28 Years R/o Ward No. 17, Mill Para, Rakesh Kirana, Near Bus Stand, P.S. Utai, District Durg (C.G.) .. Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Bhilai Nagar, District Durg (C.G.) ... Non-applicant For Applicant : Mr. Sumit Singh, Advocate For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.07.2025 1. Learned counsel for the applicant submits that he has filed his memo of appearance today itself. In view of the same, this Court, grants permission to proceed with the arguments in the present matter. 2. 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. 161/2025 registered at Police Station Bhilai Nagar District - Durg KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 (C.G.) for the offence under Section 20(b) and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief is that acting on a tip-off, a raid was conducted on 21.04.2025, during which the present applicant, along with four other co-accused persons, was apprehended while traveling in a Maruti 800 bearing registration number CG07ZD3848. Upon search, a total of 7.055 kilograms of Ganja was recovered from the possession of the five accused persons. Based on the said recovery, an FIR was registered and the applicant was taken into custody. 4. Learned counsel for the applicant submits 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 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 from the possession of the applicant intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the applicant along with 04 other accused only 7.055 kgs Ganja has been seized. He later submits that the applicant has four criminal antecedents out of which two cases are under the Excise Act, out of which in one case, the applicant has been acquitted and rest two cases are of the IPC out of which in one case, compromise have been made which have 3 been explained in the bail application of para No.4(A) and he is in jail since 21.04.2025 further in the present case, the co-accused namely Sonu Thakur, has already been granted bail by this Court in MCRC No.4787 of 2025, vide order dated 23.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned Panel Lawyer opposes the bail application of the present applicant and submit that the charge- sheet has been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. He further submits that from the joint possession of the accused persons total 7.055 Kgs of Ganja was seized, therefore, the present applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that in the present case, charge-sheet has been filed before the competent Court and applicant has four criminal antecedents out of which two cases are under the Excise Act, out of which in one case, the applicant has been acquitted and rest two cases are related to the IPC out of which in one case, compromise have been made which have been explained in the bail application of para No.4(A) and he is in jail since 21.04.2025 and further in the present case, the co-accused namely Sonu Thakur, has already been granted bail by this Court in MCRC No.4787 of 2025, vide order dated 23.06.2025 and the conclusion of the trial is likely to take quite long 4 time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant – Som Chandel, involved in Crime No. 161/2025 registered at Police Station Bhilai Nagar District - Durg (C.G.) for the offence under Section 20(b) and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two 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 5 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. 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 Kunal