1 2025:CGHC:34935 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5726 of 2025 • Ghanshayam Manhar S/o (Now Late) Shankarlal Manhar Aged About 22 Years R/o Village- Baglota, P.S.- Bilaigarh, District- Sarangarh (C.G.) ... Applicant versus • State Of Chhattisgarh Through P.S.- Sankra, District- Mahasamund (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Hemant Gupta, Advocate For Respondent : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 74/2025 registered at Police Station - Sankara District Mahasamund (C.G.), for the offence punishable under Sections 20(b) of NDPS Act. 2. Case of the prosecution, in brief, is that on 06.05.2025 upon a secret information received by the police that a person coming from VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.24 10:39:21 +0530 2 Uraidadar to Saldih-road by motor-cycle carrying the contraband Ganja. The police seized 6.3 kg Ganja from the present applicant. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. The is in jail since 06.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicant has two criminal antecedent, out of which one is under the Excise Act and other one is ishtigasa. He further submits that 6.3 kg Ganja is seized from the joint possession, therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the applicant has two previous criminal antecedent, out of which one is under the Excise Act and other one is ishtigasa and charge- sheet has been filed and the trial is likely to take some time for its conclusion, he is in jail since 06.05.2025, this Court is of the view that the applicant is entitled to be released on bail in this case 7. Let the Applicant – Ghanshyam Manhar, involved in Crime No. 74/2025 registered at Police Station - Sankara District Mahasamund 3 (C.G.), for the offence punishable under Sections 20(b) of NDPS Act. be released on bail on their furnishing 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali