1 2025:CGHC:33854 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5602 of 2025 Akash Rathore S/o Girdhari Lal Rathore, Aged About 22 Years R/o Navapara, Ranijhap, P.S. Gourela, Tehsil Pendra Road, District Gourela Pendra, Marwahi (Chhattisgarh) ... Applicant versus State of Chhattisgarh Through Police Station- Dipka, District Korba Chhattisgarh ... Non-Applicant For Applicant : Mr. Praveen Sharma along with Mr. Chandra Prakash Choubey, Advocate. For Non-Applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/07/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 319/2024 registered at Police Station- Dipka, District - Korba (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs Psychotropic Substance Act. 2. According to the prosecution's story, on 17.01.2024, the police received information from an informant that one of the accused, Vishnu Chouhan alias Bangali, was selling narcotic substances and had kept it with him. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.18 17:56:34 +0530 2 Upon receiving this information, the police reached the spot and found Vishnu Chouhan carrying a market bag. Upon searching the accused, 2 kg of narcotic substance was found and recovered from his possession, leading the police at Police Station Dipka, District Korba, to register an offense under Section 20(b) of the NDPS Act. Subsequently, based on the memorandum given by the main accused, Vishnu Chouhan, the police arrested Shivbhavan alias Nanhi Vishwakarma, alleging that he had purchased narcotic substances from the co-accused. The present applicant was then arrested by the police solely based on the memorandum of Shivbhavan alias Nanhi Vishwakarma. 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 further submitted that from the possession of the present 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 for Ganja as prescribed under the schedule is more than 20 Kgs. and from the possession of the applicant only 2 Kgs of Ganja has been recovered. It is further submitted that the other two co-accused persons have already been granted bail on 28.10.2024 by the trial Court. He further submitted that applicant has one previous criminal antecedent. It is also submitted that the charge-sheet has been filed and the applicant is in jail since 22.06.2025, hence he prays that the applicant be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the applicant has one previous criminal antecedents. He further submits that total 2 Kgs of Ganja has been seized from the possession of the present applicant, therefore, his bail 3 application is liable to be dismissed. 5. Heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of psychotropic substance Ganja seized from the possession of the applicant is less than commercial quantity, the applicant has one previous criminal antecedent, further the charge-sheet has been filed and the applicant is in jail since 22.06.2025, the conclusion of the trial is likely to take sometime, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant- Akash Rathore involved in Crime No. 319/2024 registered at Police Station- Dipka, District - Korba (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs Psychotropic Substance 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 4 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. (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. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 9. 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 Preeti