1 2025:CGHC:40530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6363 of 2025 Sanjay Yadav S/o Kailash Yadav Aged About 18 Years R/o- Village- Turuwaama, P.S.- Pathalgaon, District- Jashpur (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, P.S.- Jaynagar, District - Surajpur (C.G.) ...Non-applicant For Applicant : Mr. Akhtar Hussain, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.08.2025 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. 26/2025 registered at Police Station - Jaynagar, District - Surajpur (C.G.) for the offence under Section 20(B), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story in nutshell is that on 21.01.2025, during checking of vehicles on NH 43 by the police of Jayanagar police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.13 11:28:40 +0530 2 station, the present applicant along with other co-accused Harischandra Haris Yadav and the child in conflict with law Gulshan Yadav were found transporting 15 kg 824 grams of ganja in car no. CG 12 AW 6959. The car driver and another person managed to escape taking advantage of the darkness. The applicant has been arrested for the aforesaid crime. 3. That, the applicant, aged about 18 years, came to Ambikapur at the behest of the co-accused, who thereafter requested him to accompany him to Surajpur in the said vehicle, and the applicant was unaware of the transportation of ganja therein. The alleged contraband was seized from the possession of other co-accused persons and not from the conscious possession of the applicant. He is innocent and has been falsely implicated in the present case on false and baseless allegations. The applicant was not in possession of any illegal narcotic drugs or psychotropic substances and was incidentally present at the place where the police had set up a blockade. He has been in custody since 21.01.2025, and prolonged detention at such a young age would adversely affect him. Furthermore, the mandatory provisions of the NDPS Act, including Sections 42, 50, 52, and 57, as well as the requirements of the Standing Order, have not been complied with by the prosecution, 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. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case that the contraband article i.e. Ganja was recovered from the possession of the applicant, which is less than commercial quantity. Also considering the fact that the charge-sheet has been filed in the present case before the competent Court and the applicant is in jail since 21.01.2025, 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. Let the Applicant - Sanjay Yadav involved in Crime No.26/2025 registered at Police Station - Jaynagar, District - Surajpur (C.G.) for the offence under Section 20(B), 29 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 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 his counsel. In case of her absence, without sufficient cause, 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 her, in accordance 4 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 vaibhav