1 2025:CGHC:30204 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5143 of 2025 Smt. Kanti Pandey W/o Late Laxmi Prasad Pandey Aged About 46 Years R/o Chorbhattikhurd, Musalman Mohalla, Basti Thana Sakri, District- Bilaspur (C.G.) ...Applicant versus State Of Chhattisgarh Through - Police Station Sakri, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.07.2025 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. 343/2025 (year 2023 has wrongly been mentioned in the impugned order) registered at Police Station - Sakri District Bilaspur (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution's case, in brief, is that on 20.05.2025, on the basis of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.04 12:01:44 +0530 2 information given by the informer police of police station Sakri, District Bilaspur (C.G.) made search of present applicant and other co- accused person and seized 100 gm Ganja from the possession of present applicant and 1 Kg 108 gm of Ganja from the possession of other co-accused person namely Ishwar Bareth thereafter police investigated the matter and arrested the applicant and other co- accused person. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. 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. She also submits that the applicant is in jail since 29.05.2025, 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 and also endorse the said submission that the applicant has one criminal antecedents. therefore, she 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. 100 gram of Ganja was recovered from the possession of the applicant, which is less than commercial quantity. Also considering the fact that the charge-sheet has been filed in the 3 present case before the competent Court and the applicant is in jail since 29.05.2025, 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 - Smt. Kanti Pandey involved in Crime No. 343/2025 (year 2023 has wrongly been mentioned in the impugned order) registered at Police Station - Sakri District Bilaspur (C.G.) for the offence under Section 20(B) 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 she 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 her absence, without sufficient cause, the trial court may proceed against her 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 4 shall initiate proceedings against her, 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 her 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