1 2025:CGHC:43241 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6656 of 2025 • Mohan Rao, S/o Lt. Satyaraju, Aged About 58 Years, R/o Ward No.07, College Road, Rajhara, Police Station Rajhara, District Balod, Chhattisgarh (As Per The Chargesheet And Correct Details). ... Applicant versus • State Of Chhattisgarh, Through The Station House Officer, Of Police Station Rajhara, District Balod, Chhattisgarh. ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Sachin Nidhi, Advocate. For State/Non-applicant : Mr. Swajeet Ubweja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.08.2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.169/2025 registered at Police Station Rajhara, District Balod (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act of 1985’). 2. The prosecution story, in brief, is that an information was received from the informant by the concerned police, upon which, the police authority DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA 2 reached to the place of incident and seized the contraband article ‘Cannabis’ collectively weighing 1.185 Kg from the possession of the present applicant. Thereafter, FIR has been lodged against the present applicant and other co-accused for the aforesaid offence. 3. Learned counsel for the applicant submits that present applicant is innocent and has been falsely implicated in crime in question. It is submitted that the charge sheet has already been filed in this case. It is also submitted that the allegations levelled against the applicant are false. He further submits that the quantity of contraband article ‘Cannabis’, i.e., 1.185 Kg has been seized from the possession of present applicant is less than commercial quantity. It is further submitted that there is no criminal antecedent of the applicant, and he is in jail since 30.05.2025 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, the learned counsel for the State opposes the bail application and submits that though, there is no criminal antecedent of the applicant, but the charge sheet has already been filed in the present case, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. After hearing the submissions advanced by learned counsel for the parties as well as the fact that charge sheet has already been filed. Also considering the fact that quantity of contraband article ‘Cannabis’ has been seized from the possession of the applicant is less than commercial quantity. Lastly, considering the fact that applicant is in jail 3 since 30.05.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Mohan Rao, involved in Crime No.169/2025 registered at Police Station Rajhara, District Balod (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act of 1985’), be released on bail on 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 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice