1 2025:CGHC:39526 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6243 of 2025 Ankit Nagar S/o Sultan Singh Nagar Aged About 18 Years R/o Village Palpura, Thana- Civil Line Morena, District- Morena, (M.P.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Basna, District Mahasamund, (C.G.) ... Non-applicant For Applicant : Ms. Anjali Pradhan, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.08.2025 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. 520/2023 registered at Police Station Basna, District Mahasamund (C.G.) for the offence under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution, in brief, is that the police of Police Station Basna, District Mahasamund (C.G.), received secret information from an informant and, based on the said information, conducted a raid, whereupon 25 kgs of ganja was found in the joint possession of the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.07 20:27:41 +0530 2 present applicant and other co-accused persons. Therefore, the aforesaid case was registered against the present applicant. 3. It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. She submits that the prosecution agency has not followed the provisions under Section 42 of the NDPS Act and did not obtain a search warrant from the superior authority. She also submits that the other co-accused person, namely, Dip Singh Gurjar, has already been granted bail by the Hon'ble Apex Court in SLP(CRL) No. 14409/2024 vide order dated 03.01.2025, on the ground that the co-accused, Dip Singh Gurjar, has been incarcerated for more than one and a half years, and till date, only five witnesses out of twelve have been examined, of which two have turned hostile, and the said co-accused has no criminal antecedents. The case of the present applicant is similar to that of the said co-accused. She also submits that at present, statements of only six prosecution witnesses have been recorded out of 12 witnesses. She further submits that the present applicant has no criminal antecedents and languishing in jail since 29.09.2023, further conclusion of the trial may take some time, she prays for the 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 already been filed in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedents. She further submits that from the joint possession of the applicant and other co-accused person contraband article i.e. 25 Kgs of Ganja was seized, which is much above the commercial quantity, therefore, he is not entitled for grant of regular bail in the present case. 3 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 as the other co-accused person, namely Dip Singh Gurjar, has already been granted bail by the Hon'ble Apex Court in SLP(CRL) No. 14409/2024 vide order dated 03.01.2025, the case of the present applicant is similar to that of the said co-accused, further, it transpires that at present, statements of only six prosecution witnesses have been recorded out of 12 witnesses, moreover, the charge-sheet has already been submitted before the competent Court in the present case and present applicant has no criminal antecedents, he is in jail since 29.09.2023, conclusion of the trial may take some time, therefore, this Court is of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Ankit Nagar, involved in Crime No. 520/2023 registered at Police Station Basna, District Mahasamund (C.G.) for the offence under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two local 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, 4 the trial court may proceed against his 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. - Sd/- (Ramesh Sinha) Chief Justice Abhishek