1 2025:CGHC:33492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5545 of 2025 Mahendra Singh Lodhi S/o Khilaan Singh Lodhi , Aged About 28 Years R/o Village Riayana, P. S. Hindoriya, District Damoh M.P. ... Applicant versus State Of Chhattisgarh Through The Police Station Kharsia, Tehsil Kharsia, District Raigarh C.G. ... Non-applicant For Applicant : Mr. Ankit Singh, Advocate For Non-applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.07.2025 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. 188/2025 registered at Police Station Kharsia, Tehsil Kharsia, District Raigarh, (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that the police of Police Station Kharsia, Tehsil Kharsia, District Raigarh, (C.G.) received a secret RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 information from the informant and on the said information police conducted a raid and seized 08 kgs of contraband Ganja from the joint possession of the present applicant and co-accused person. Thereafter, offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against the present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. He further submits that the seized 08 kgs of contraband Ganja was not recovered from the possession of the present applicant. He also submits that the said contraband article was recovered from the co- accused, which was of small quantity, and only a motorcycle was recovered from the possession of the present applicant. He further submits that the prosecution agency has not followed the provisions under Section 42 of the NDPS Act. He also submits that the present applicant has one criminal antecedent under the Excise Act and he is in jail since 26.03.2025, and the conclusion of the trial is likely to take quite a long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned Panel Lawyer opposes the bail application of the present applicant and submit that the charge- sheet has already been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. He also submits that the present applicant has 01 criminal antecedent under the Excise Act. He further submits that from the possession of the present applicant 3 total 08 kgs of contraband Ganja was seized, therefore, the present applicant is not entitled for grant of bail. 5. Taking into consideration the facts and circumstances of the case that the present applicant has 01 criminal antecedent in the Excise Act and the said contraband article was recovered from the co- accused, which was of small quantity, and only a motorcycle was recovered from the possession of the present applicant and also considering the fact that in the present bail application the charge- sheet has been filed before the competent Court and he is in jail since 26.03.2025 and 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. 6. Let the Applicant – Mahendra Singh Lodhi, involved in Crime No. 188/2025 registered at Police Station Kharsia, Tehsil Kharsia, District Raigarh, (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 local 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 4 his counsel. In case of her 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. (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. 7. 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 Rahul Dewangan