1 2025:CGHC:40854 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6395 of 2025 Dhaniram Muchaki S/o Sona Rammuchaki Aged About 33 Years R/o- Lasake Para Rokel P.S. Chhindgadh, District- Sukma (C.G) ...Applicant versus State Of Chhattisgarh Through Police Station Kukanar District - Sukma (C.G.) ...Non-applicant For Applicant : Mr. Ashish Gangwani, Advocate. For Non-applicant/State : Mr. Amit Verma, 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 01/2025 registered at Police Station – Kukanar, District - Sukma (C.G.) for the offence under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story, in brief, is that on 13.01.2025, the In-charge of Police Station Kukanar received a secret information to the effect that VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.13 18:38:44 +0530 2 one person is carrying Ganja in an orange colour Truck bearing registration No.CG-04-MZ-3555 traveling from Rokel to Jagdalpur (Bastar). NH-30 and presently at Laskepara Nala. On the basis of said information, the Police conducted a raid at barrier in front of Police Station. While checking through the vehicle the police found Ganja kept in a white sack in the cabin of the truck, which was later weighed in a measuring instrument and the amount of Ganja was found to be 11 kgs and 150 grams. Accordingly, offence under section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 was registered against the main accused (Manoj Bose) who was the driver of the said Truck.on the basis of main accused memorandum present applicant has been arrested in this case. 3. The applicant has been falsely implicated in the present offence, and he has neither committed nor participated in the alleged crime. There is no iota of evidence to suggest that the applicant has committed the offence. It is further submitted that the applicant has no other criminal antecedents. The applicant has been in jail since 23.04.2025 therefore, he prays for grant of regular bail 4. On the other hand, learned counsel appearing for the State/non- applicant. He further submits that from the possession of the applicant contraband article i.e. 11.150 Kgs of Ganja was seized and applicant, therefore, he is not entitled for grant of regular 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, it is noted that the contraband article, i.e. 11.150 kgs of Ganja, was 3 recovered from the possession of the applicant, which is less than the commercial quantity, and that the applicant has no criminal antecedents. Also, considering the fact that the charge-sheet has been filed in the present case before the competent Court, and that the applicant has been in jail since 23.04.2025, and the conclusion of the trial may take some time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Dhaniram Muchaki involved in Crime No. 01/2025 registered at Police Station – Kukanar, District - Sukma (C.G.) for the offence under Section 20(b)(ii)(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 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 with law, under Section 209 of the Bharatiya Nyaya 4 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