1 2025:CGHC:37707 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5109 of 2025 • Tameshwar Kumar Mahendra S/o Baishakhu Ram Aged About 34 Years R/o Makan No. 296, Ward No. 13, Ghoda Mandir, Dalli Rajhara, Police Station Dalli Rajhara, Tehsil Dondi, District Balod, Chhattisgarh. (Particulars Of The Applicant Is Mentioned Correctly) ... Applicant versus • State Of Chhattisgarh Through Police Station Rajhara, District Balod, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Anmol Sharma, Advocate For Respondent/State : Mr, Bharat Gulbani, 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 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. 169/2025 registered at Police Station Rajhara, District Balod (C.G.) under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.04 10:58:53 +0530 2 2. That the prosecution story in brief is that on 30.05.2025 Police Authorities received an insider's tip that one person is selling narcotics psychotropic substance ganja in ward no. 13, near Dusshera Maidan adjacent to Railway line and customers are also there. As soon as the police authorities received the information, they conducted raid at the spot, the present applicant was found and upon search of the accused persons police authorities seized Ganja weighing about 1.185 Kgs from the possession of present applicant accordingly he was arrested. That currently the police are investigating the matter and have not filed chargesheet for the offence as mentioned above in the application. The present applicant was arrested on 30.05.2025 and sent him to judicial custody. 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. Further the applicant has one criminal antecedent of the year 2022 of IPC. and he is in jail since 30.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, she 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 antecedent of the year 2022 of IPC. He further submits that 1.185kg of Ganja is seized from the joint possession, therefore, the present applicant is not entitled for grant of bail. 3 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 applicant has one criminal antecedent of the year 2022 of IPC, and charge-sheet has 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 – Tameshwar Kumar mahendra, involved in Crime No. 169/2025 registered at Police Station Rajhara, District Balod (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 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. 4 (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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali