1 2025:CGHC:39599 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5207 of 2025 Jawahar Sahis S/o Shriram Sahis, Aged About 50 Years R/o Village-Kotgarh, Police Station And Tahsil-Akaltara, District-Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through The District Magistrate Janjgir, District-Janjgir- Champa (C.G.) ... Respondent For Applicant : Shri Paras Mani Shriwas, Advocate. For Respondent/State : Shri Nitansh Jaiswal,PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07/08/2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.277/2025, registered at Police Station – Akaltara, District Janjgir-Champa (C.G.) for the offence punishable under Section 20 (B) of N.D.P.S. Act and 34 of C.G. Excise Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.08 19:39:21 +0530 2 2. The prosecution story, in brief, is that on 24/06/2025, police officer's of Police Station-Akaltara, District-Janjgir-Champa (C.G.) have seized 180 gm. Canabis (Ganja) and 9.650 bulk liter countries made (Mahua) liquor from possession of the applicant as per information given by the informer, thereafter he subsequently been arrested by concern prosecution authorities 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. He would submit that neither cannabis nor liquor has been seized from the possession of the applicant and it has been seized from the open place. He would further submit that charge-sheet has been filed in this case and applicant is in jail since 24/06/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application. He further submits 180 gm contraband article Ganja has been seized from the possession of the applicant which is less than commercial quantity and 9.650 bulk liter country made (Mahua) liquor has been seized from possession of the applicant and he has no criminal antecedents. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, considering the quantity of Ganja seized from the possession of the applicant i.e. total of 180 gm which is less than the commercial quantity 3 and quantity of liquor seized from the possession of the applicant i.e. 9.650 bulk liter country made (Mahua) liquor, applicant has no criminal antecedents, charge-sheet has been filed as stated by learned counsel for the applicant at bar and further that the applicant is in jail since 24/06/2025 and conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant, Jawahar Sahis involved in Crime No.277/2025, registered at Police Station – Akaltara, District Janjgir-Champa (C.G.) for the offence punishable under Section 20 (B) of N.D.P.S. Act and 34 of C.G. Excise Act, be released on bail on his furnishing a 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice gouri