1 2025:CGHC:36234 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5842 of 2025 Natthu @ Ludaro Yadav S/o Shri Gojaram Yadav Aged About 35 Years R/o Village- Chitkanara, Ward No.05, Lailunga, Thana And Tahsil- Lailunga, Distt.- Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station- Lailunga, Distt.- Raigarh (C.G.) ... Non-applicant(s) For Applicant : Mr. Sunil Sahu, Advocate For Non-applicant/State : Mr. Swajit Ubeja, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.07.2025 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. 54/2025 registered at Police Station Lailunga District - Raigarh (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act. 2. Case of the prosecution, in brief is that on 02.03.2025, officers of Police Station Lailunga, Distt. Raigarh (C.G.) had received secret KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 information that the co-accused Gojaram Yadav had hidden contraband article Ganja under his possession from next to his house for sale, upon such basis, search team was constituted and the witnesses were called and they went to village Jambahar Katelapara and alleged to seized 09 kg contraband article Ganja from the co-accused Gojaram Yadav. Thereafter, offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act was registered against the co- accused. The memorandum statement of said Gojaram was recorded in which he named the applicant Natthu @ Ludaro Yadav therefore, he has made accused in this case and thereafter arrested. 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 there was no contraband article seized from the possession of the present applicant as the same has been recovered from the co-accused Gojaraj and only on the basis of memorandum statement, the present applicant has been made accused. He further submits that the applicant has no criminal antecedents and he is in jail since 29.03.2025 and conclusion of the trial is likely to take quite long time further the co-accused namely Gojaram Yadav has already been granted bail this Court in MCRC No. 3805/2025, vide order dated 27.06.2025 and the case of the applicant is far better than the case of co-accused. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned Panel Lawyer opposes the prayer for 3 grant of bail and submits that in the present case, charge-sheet has been filed before the competent Court. He further submits that from possession of the co-accused i.e. 09 Kgs of Ganja was seized, which is less than commercial quantity and after taking his memorandum statement, he named the applicant further the applicant has no previous criminal antecedents but looking to the seriousness of this case, 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 present applicant has no criminal antecedent however, from possession of the co-accused i.e. 09 Kgs of Ganja was seized, which is less than commercial quantity and after taking his memorandum statement, the co-accused named the applicant and made accused further no contraband article has been recovered from the present applicant further the co-accused namely Gojaram Yadav has already been granted bail this Court in MCRC No. 3805/2025, vide order dated 27.06.2025 and the case of the applicant is better than the case of co-accused and he is in jail since 29.03.2025 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. 7. 7. Let the Applicant – Natthu @ Ludaro Yadav, involved in Crime No. 54/2025 registered at Police Station Lailunga District - Raigarh (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and 4 Psychotropic Substances Act, be released on bail on 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 5 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 Kunal