1 2025:CGHC:39138 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6195 of 2025 Arif Raza S/o Mohd. Jamir Aged About 27 Years Occupation- Cultivator, R/o Village- Karaundamuda, Police Station- Jhilmili, Tahsil- Bhaiyathan, District- Surajpur (C.G.) --- Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Bhatgaon, District- Surajpur (C.G.) --- Non-applicant Along with MCRC No. 6208 of 2025 Faizan Raja S/o Md. Hafiz Aged About 34 Years Occupation - Agriculture, R/o Village - Bhawrahi, Out Post - Basdei, P.S. - Surajpur, Tahsil - Bhaiyathan, District - Surajpur Chhattisgarh. --- Applicant Versus State of Chhattisgarh Through S.H.O., Police Station - Bhatgaon, District - Surajpur Chhattisgarh. --- Non-Applicant For Applicants : Mr. Ajeet Kumar Yadav, Advocate and Mr. Pushkar Sinha, Advocate For Non-Applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.08.2025 1. The applicants have preferred these First Bail Applications under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Crime No. 75/2025 registered at Police Station Bhatgaon, District - Surajpur (C.G.) for the offence under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that the police of Police Station Bhatgaon, District - Surajpur (C.G.) received a secret information from the informant and on the said information police conducted a raid and seized 12.240 kgs of contraband Ganja from the joint possession of the present applicants. Thereafter, offence punishable under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against the present applicants. 3. Learned counsels for the applicants submits that the applicants are innocent persons and have been falsely implicated in the aforesaid case. He further submits that seized 12.240 kgs of contraband Ganja was not seized from the joint possession of the present applicants. He also submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act. He further submits that the present applicants have no criminal antecedents and they are in jail since 20.05.2025 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned Panel Lawyer opposes the bail application of the present applicants 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 3 learned counsel for the applicant. He further submits that from the joint possession of the present applicants total 12.240 kgs of contraband Ganja was seized, therefore, the present applicants are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the present applicants have no criminal antecedents and also considering the fact that in the present bail application the charge- sheet has been filed before the competent Court and they are in jail since 20.05.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Arif Raza and Faizan Raja, involved in Crime No. 75/2025 registered at Police Station Bhatgaon, District - Surajpur (C.G.) for the offence under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two 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. 4 (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 misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 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 Rahul Dewangan