1 2025:CGHC:44403 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6925 of 2025 Jabar Singh Patel S/o Shyam Lal Patel Aged About 50 Years R/o Village- Bihari Khudr, Tehsil/p.S. Ambagarh Chowki, Distric t- Mohala-Manpur- Ambagarh Chowki (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Ambagarh Chowki, District- Mohala-Manpur-Ambagarh Chowki (C.G.) ... Non-applicant For Applicant : Mr. Aditya Bhardwaj, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.09.2025 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. 108/2025 registered at Police Station – Ambagarh Chowki District – Mohala – Manpur – Ambagarh Chowki (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.01 18:35:20 +0530 2 2. As per prosecution story On 23.06.2025, upon receiving secret information from an informer that the applicant was in possession of contraband (Ganja) at his residence, the police of Ambagarh Chowki, District Mohala - Manpur-Ambagarh Chowki (C.G.) conducted a raid at the applicant's house. During the search, 1.870 kilograms of contraband substance (Ganja) was allegedly recovered. Consequently, legal action was initiated against the applicant under the provisions of the NDPS Act. Hence, the present bail application is being preferred on the following grounds. 3. It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is submitted that no contraband substance has been directly seized from the possession of the applicant. It is further submitted that the applicant has no previous criminal antecedents and has been in custody since 23.06.2025. Learned counsel contends that the trial is likely to take considerable time for its conclusion, and therefore, the continued detention of the applicant would serve no fruitful purpose. On these grounds, he prays that the applicant may kindly be enlarged on regular bail. 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 also endorse the said submission that the applicant has no criminal antecedents under the NDPS Act. He further submits that from the possession of the applicant contraband article i.e. 1.870 Kgs of Ganja were seized, therefore, the present applicant is not entitled for grant of bail. 3 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 that the contraband article i.e. 1.870 Kgs of Ganja was recovered from the applicant, which is less than commercial quantity, moreover, the present applicant has no criminal antecedents under the NDPS Act, 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 23.06.2025, 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 - Jabar Singh Patel, involved in Crime No. 108/2025 registered at Police Station – Ambagarh Chowki District – Mohala – Manpur – Ambagarh Chowki (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 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 sufficient cause, 4 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 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 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