1 2025:CGHC:49232 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6252 of 2025 Rajesh Sharma S/o Santosh Sharma Aged About 28 Years R/o Kohka, Supela Ward No. 09, Street No. 07, Behind Agresan I.T.I. P.S. Supela District- Durg, Chhattisgarh. (Name Wrongly Mentioned In Annexure A1 Correct Name As Per Filed F.I.R.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Basna, District- Mahasamund (C.G.) ... Respondent For Applicant : Shri Sudhir Kumar Sahu, Advocate. For Respondent/State : Ms. Soumya Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25/09/2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.154/2025, registered at Police Station – Basna, District Mahasamund (C.G.) for the offence punishable under Section 20 (B) of the N.D.P.S. Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.26 11:17:15 +0530 2 2. The prosecution story, in brief, is that on the date of incident police officer received information from the informant that two unknown persons have kept contraband ganja in his vehicle car to sale and police has seized 7.983 kg. contraband ganja from place of incident at open place and as a result thereof, police has registered offence publishable under section 20 (B) of the N.D.P.S. Act against the applicant and another accused person. 3. Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the case and there is no seizure of contraband ganja from the exclusive possession of the applicant and it has been seized from open place. He would submit that the applicant was not knowing about the seized contraband ganja and only on the basis of suspicion, the applicant has been implicated in this case. He would submit that the applicant is in jail since 14/04/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application. She would submit that there are 10 criminal antecedents against the applicant as interpreted from the ICJ portal pertaining to the years 2011, 2014, 2017, 2018, 2019 & 2020 to which counsel for the applicant submits that though he was given time to explain the same but family members of the applicant were unaware of the fact. She would submit that a total of 7.983 kg Ganja has been recovered in this case. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, considering the quantity of Ganja seized in this case is 7.983 kg which is less than the commercial quantity, further from perusal of the details of the said criminal antecedents of the applicant goes to show that all the cases are old and stale, further that the applicant is in jail since 14/04/2025 and the conclusion of the trial is likely to take sometime, therefore I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Rajesh Sharma, involved in Crime No. 154/2025, registered at Police Station – Basna, District Mahasamund (C.G.) for the offence punishable under Section 20 (B) of the N.D.P.S. Act, be released on bail on his furnishing a 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 4 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri