1 2025:CGHC:3100 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 457 of 2025 Ajay Kumar Gupta S/o Devi Prasad Gupta Aged About 36 Years R/o Village Bundiya, Police Station Bhatgaon, District Surajpur (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Out Post Basdei, Police Of Police Station Surajpur, District Surajpur C.G. ... Non-Applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/01/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 620/2024 registered at Out Post Basdei, Police Of Police Station Surajpur, District Surajpur (C.G.), for the offence punishable under Sections 20-(B), 27(A) and 29 of the Narcotic Drugs Psychotropic Substance Act. 2. Case of the prosecution, in brief, is that on 04.11.2024 the police went to the Surajpur road to check the passenger and when the passenger were waiting for the train, the Police obtained the name and address and other PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.17 20:32:08 +0530 2 particulars of passengers and in the meantime, one of the co-accused i.e. Karmabeer Kumar Patil @ Chhotu was standing in a suspicious condition nearby the parking of railway and since the answer given by Karambeer Patal @ Chhotu are not satisfactory, the Police search the bad and the Police seized 5 KG 299 Grams of contraband Ganja from his possession of the co-accused and the Police investigated the matter and notice under Section 67 of NDPS Act to Karambeer Patil, in which he stated that he brought the Ganja for Manoj Singh, subsequently the Police investigated the matter and arrested the present applicant for the commission of alleged offences. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is also submitted that the on the memoradum statement of the co-accused, namely, Karambeer Kumar Patil @ Chhotu from whom the contraband article i.e. total 5 KG 299 GM has been seized and the present applicant has been made an accused and nothing has been seized from the present applicant, further the applicant has no previous criminal antecedents, the charge-sheet has been filed and the trial is in progress, the applicant is in jail since 20.11.2024, hence he prays that the applicant be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been submitted. He further submits that on the memoradum statement of the co-accused, namely, Karambeer Kumar Patil @ Chhotu from whom the contraband article i.e. total 5 KG 299 GM has been seized and the present applicant has been made an accused, therefore, his bail application is liable to be dismissed. 3 5. Heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties and the fact that on the memoradum statement of the co-accused, namely, Karambeer Patil from whom the contraband article i.e. total 5 KG 299 GM has been seized and the present applicant has been made an accused and nothing has been seized from the present applicant, further the applicant has no previous criminal antecedents, the charge-sheet has been filed and the trial is in progress, the applicant is in jail since 20.11.2024, 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 without commenting on the merits of the case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant, Ajay Kumar Gupta involved in Crime No. 620/2024 registered at Out Post Basdei, Police Of Police Station Surajpur, District Surajpur (C.G.), for the offence punishable under Sections 20-(B), 27(A) and 29 of the Narcotic Drugs Psychotropic Substance Act, be released on bail on his furnishing a 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 4 court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient 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, 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti