1 2025:CGHC:40851 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6404 of 2025 Suman Barle ( Pandey) W/o Shailendra Pandey Aged About 22 Years R/o Titurdih Milan Chowk Durg Police Station Mohan Nagar, District Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Mohan Nagar, District : Durg, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Aman Tamrakar, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/08/2025 1. This is the 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. 660/2024 registered at Police Station Mohan Nagar, District : Durg (C.G.) under Section 20(B), 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 23.12.2024, as per secret information received from the informant, the Police of Police AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Station Mohan Nagar, District : Durg (C.G.) seized 8 packets of narcotic substance i.e. 16.782 Kgs of Ganja from the joint possession of the applicant and other co-accused persons, which worth Rs.68,200/, which led to the registration of the alleged offence against the accused persons. During investigation co- accused Suman Barle stated in her memorandum statement that her husband, grandmother, her father, and brother also involved in the alleged selling of narcotic substance. Hence, the bail application. 3. Learned counsel for the applicant submits 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. He also submits that from the possession of the applicant intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 Kgs and from the joint possession of the applicant and other co-accused persons only 16.782 Kgs Ganja has been seized. He later submits that the applicant alongwith her family members were implicated in the present case and all the four family members, who are identically situated co-accused persons, namely, Smt. Ram Bai Barle, Deepali Barle, Santosh Barle and Mukesh Mishra have already been granted regular bail by this Court vide orders dated 3 10.02.2025, 17.04.2025 and 25.07.2025 in MCRC Nos.1175 of 2025, 2371 of 2025 and 4802 of 2025, further applicant is in jail since 23.12.2024 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 appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and submits that the applicant has two criminal antecedents of the years 2023 and 2024 under the Excise Act and IPC, respectively. He further submits that from the joint possession of the applicant and other co-accused persons contraband article i.e. 16.782 kg of Ganja is seized, 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 and the fact that though the applicant has two criminal antecedents, but none of them pertains to the NDPS Act, so far as seizure is concerned, the seizure of contraband article i.e. 16.782 Kgs of Ganja made from the joint possession of the applicant and other co- accused persons is less than the commercial quantity, further charge-sheet has been filed in the present case before the competent Court, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Accordingly, the application is allowed. 8. Let the Applicant - Suman Barle (Pandey), involved in Crime No. 660/2024 registered at Police Station Mohan Nagar, District : Durg (C.G.) under Section 20(B), 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on her 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 5 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 her in accordance with law. 9. 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 Akhil