1 2025:CGHC:48324 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5632 of 2025 1. Kodardhar Patra S/o Gajindra Patra Aged About 29 Years R/o Village Manikera, Post- Manikera, Tehsil M. Rampur, Police Station- M. Rampur, District Kalahandi, Odisha. 2. Dilip Chand Bhoi S/o Sadhu Ram Bhoi Aged About 28 Years R/o House No. 104, Manikera, Post- Manikera, Tehsil M. Rampur, Police Station- M. Rampur, District Kalahandi, Odisha. 3. Premraj Kumura S/o Bipindra Kumura Aged About 36 Years R/o Domkarlakunta, Tehsil M. Rampur, Police Station- M. Rampur, District Kalahandi, Odisha. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Bhilai Nagar Dist- Durg C.G. … Non-Applicant For Applicant :Ms. Anadi Sharma, Advocate. For Non-Applicant/State :Ms. Soumya Sharma, Panel Lawyer. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.22 10:41:48 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/09/2025 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. 161/2025 registered at Police Station- Bhilai Nagar, District - Durg (C.G.), for the offence punishable under Sections 20 (b) and 27(a) of the Narcotic Drugs Psychotropic Substance Act. 2. As per the story of the prosecution on the basis of a secret information on 21.04.2025, a raid was conducted and the present applicants along with 2 other co-accused persons were apprehended in Maruti 800 bearing registraton No. CG07ZD3848 and a total of 7.055 Kgs of Ganja was recovered from 5 (five) accused persons. On the basis of the aforesaid, present FIR was registered and the applicants were taken in custody and after completion of investigation the Police has already filed charge-sheet before the learned Trial Court. 3. 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 further submitted that the co-accused persons, namely, Sonu Thakur and Som Chandel have been granted bail by this Court passed in MCRC Nos. 4787/2025 and 5053/2025 vide order dated 23.06.2025 and 04.07.2025, respectively. It is also submitted that the applicants have no previous criminal antecedents. The 3 charge-sheet has already been filed, and the applicants have been in judicial custody since 21.04.2025. Hence, it is prayed that the applicants may be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed and the applicants have no previous 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, nature and gravity of allegation levelled against the applicants and the fact the quantity of contraband article Ganja which has been recovered, is less than the commercial quantity, further the applicants have no previous criminal antecedents, further the co-accused persons, namely, Sonu Thakur and Som Chandel have been granted bail by this Court passed in MCRC Nos. 4787/2025 and 5053/2025 vide order dated 23.06.2025 and 04.07.2025, the charge-sheet has been filed and the applicants are in jail since 21.04.2025, the conclusion of the trial is likely to take sometime, this Court is of the opinion that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant- Kodardhar Patra, Dilip Chand Bhoi and Premraj Kumura involved in Crime No. 161/2025 registered at Police Station- Bhilai Nagar, District - Durg (C.G.), for the offence punishable under Sections 20 (b) and 27(a) of the Narcotic Drugs Psychotropic 4 Substance Act, be released on bail on his furnishing a personal bond with two local sureties each 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 sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 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, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the 5 opinion of the trial court absence of the applicants are 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 them 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 Preeti