1 2025:CGHC:8675 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 385 of 2025 Pradeep Yadav S/o Amritlal Aged About 27 Years R/o Village Mehti Police Station Pamgarh District - Janjgir -Chamap (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer Police Station - Excise Circle Saraipali District - Mahasamund (C.G,) ... Non-applicant(s) For Applicant : Mr. Dharmesh Shrivastava, Advocate For Non-applicant : Mr. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.02.2025 1. Mr. Darmesh Shrivastava has filed his power before the Registry of this Court today, is permitted to argue the 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. 172/2024 registered at Police Station - Excise Circle, Saraipali, District Mahasamund (C.G.) for the offence under Sections 20(B) of NDPS Act, 1985. 3. The prosecution story, in brief, is that a secret information was received by the Police of Police Station – Excise Circle, Saraipali, District Mahasamund (C.G.) through the informant and on the basis of such information, the Police has seized a total of 6.500 Kgs. of Ganja from the ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2025.02.20 14:47:17 +0530 2 possession of the present applicant. Thereafter, the applicant was arrested by the Police and the aforesaid offence has been registered. 4. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted 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 only 6.500 Kgs of Ganja has been seized. It is further submitted that there no any criminal antecedents of the present applicant, and he is in jail since 22.11.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there no any criminal antecedents of the applicants. It is submitted that a total of 6.500 Kgs of Ganja has been recovered from the possession of the applicant, therefore, this bail application is liable to be rejected. 6. I have heard learned counsel for the parties and perused the material available on record. 7. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Ganja seized from the possession of the applicant i.e. a total of 6.500 Kgs, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed, further there is no any criminal antecedent of the applicant, and further that the applicant is in jail since 22.11.2024 and the 3 conclusion of the trial is likely to take some time, I am of the opinion that the applicant is entitled to be released on bail in this case. 8. Let the Applicant - Pradeep Yadav, involved in Crime No. 172/2024 registered at Police Station - Excise Circle, Saraipali, District Mahasamund (C.G.) for the offence under Sections 20(B) of NDPS 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, 4 (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 applicants are deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 9. OfÏce 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 Saxena