1 2025:CGHC:4046 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7274 of 2024 Sushil Kumar Sahu S/o Kathiya Sahu Aged About 38 Years R/o Village Khandam , Police Station Charmal, District Sambalpur ( Odisha ) ... Applicant versus State of Chhattisgarh Through - The Station House OfÏcer Police Station Singhoda, District : Mahasamund, Chhattisgarh ... Non-applicant For Applicant : Mr. Ajay Kumar Chandra, Advocate For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22/01/2025 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. 106/2024 registered at Police Station - Singhoda, District : Mahasamund (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that the police of Police Station- Singhoda, District : Mahasamund (C.G.), received a secret information from the informant and on the said information police RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.23 16:48:58 +0530 2 conducted a raid and seized 05 Kgs of contraband Ganja from the possession of the present applicant. Thereafter, offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. He further submits that seized 05 Kgs of Ganja was not seized from the possession of the present applicant. He also submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act. He further submits that the present applicant has no criminal antecedents and he has been in jail since 25.09.2024 and 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 Panel Lawyer opposes the bail application of the present applicant and submit that the charge- sheet has already been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. He further submits that from the possession of the present applicant total 05 Kgs of Ganja was 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 3 that the present applicant has no criminal antecedents and also considering the fact that in the present bail application the charge- sheet has been filed before the competent Court and the applicant is in jail since 25.09.2024 and 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 – Sushil Kumar Sahu, involved in Crime No. 106/2024 registered at Police Station - Singhoda, District : Mahasamund (C.G.) for the offence under Section 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 sufÏcient 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, 4 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 sufÏcient 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 as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. OfÏce 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 Rahul Dewangan