1 2025:CGHC:34588 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5687 of 2025 • Ishwar Dobi @ Ishwar Bareth S/o Late Dhanuk Dobi Aged About 75 Years R/o House No. 41, Ward No. 03, Rengabord, Tahsil- Pandariya, District- Kawardha C.G. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station- Sakri, District Bilaspur C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Jitendra Chandrakar, Advocate For Respondent/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/07/2025 1. This is 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. 343/2025 registered at Police Station Sakri, District Bilaspur (C.G.) under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 20.05.2025, police Station – Sakri received information from an informant that a resident of Chorbhathi, Kanti Pandey was selling narcotic substances in a blue VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.22 20:22:39 +0530 2 drum and an elderly bearded man Baba/present applicant was also selling the same from a white bag. Acting on the said information, the police from Police Station Sakri reached the spot near Chorbhathi Badi, where they recovered 01 kilogram of ganja from the possession of the present applicant Ishwar Bareth and 100 grams of ganja from the possession of co-accused Kanti Pandey. Both accused were arrested on 29/05/2025 and a First Information Report was registered against them as Crime No. 343/2025 under Section 20(b) of the NDPS Act and investigation was initiated. After completion of entire investigation, charge-sheet has been filed and the case is pending before the learned Special Judge (N.D.P.S. Act), Bilaspur, District Bilaspur (C.G.) as Special Session Case (NDPS) No. 39/2025. A copy of the F.I.R. No. 343/2025 Police Station Sakri, District Bilaspur (C.G.) 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. It is further submitted by the learned counsel for the applicant that the co-accused namely Kanti Pandey has already been granted bail by this Court on 03.07.2025 in MCRC No.5143/2025, further the applicant has no criminal antecedents and he is in jail since 29.05.2025 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 3 charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedent. He further submits that 1 kg of Ganja is seized from the present applicant, 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 co-accused namely Kanti Pandey has already been granted bail by this Court on 03.07.2025 in MCRC No.5143/2025, and the case of the present applicant is similar to that of other co-accused who has been granted bail, further the applicant has no criminal antecedent and charge-sheet has been filed and the trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case 7. Let the Applicant – Ishwar Dobi @ Ishwar Bareth, involved in Crime No. 343/2025 registered at Police Station Sakri, District Bilaspur (C.G.) under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 4 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