1 2025:CGHC:45660 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7123 of 2025 Taran Sahu S/o Arjun Ram Sahu Aged About 25 Years R/o- Village Madrakuhi Ward No. 02 Tahsil Khairagarh- P.S.- Khairagarh, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Khairagarh, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh ... Non-Applicant(s) 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 08/09/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 298/2025 registered at Police Station - Khairagarh, District- Khairagarh-Chhuikhadan-Gandai (C.G.), for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substance Act, 1985. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that as per secret information received from the informant on 22.06.2025 and on the basis of same, the police officials reached at the concerned spot, conducted raid and have seized 11.996 kgs. of Ganja from the joint possession of the applicant and other co-accused. Therefore, the case has been registered against the applicant along with other other co- accused for the offence punishable under Section 20(B) of the NDPS Act. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submitted that from the possession of the present applicant less than commercial quantity of psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 Kgs and from the joint possession of the present applicant along with other co-accused contraband article i.e. 11.996 kgs (Ganja) has been seized. It is further submitted that the applicant has no criminal antecedent and he is in jail since 22.06.2025 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, learned State Counsel, appearing for the State/non-applicant opposes the bail application and submits 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 antecedent and further from the joint 3 possession of the accused persons contraband article i.e. 11.996 kgs. of Ganja has been recovered, 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 that the applicant has no criminal antecedent and the quantity of contraband article which has been recovered from the joint possession of the present applicant and other co-accused i.e. 11.996 Kgs of Ganja, which is less than commercial quantity and in the present case, charge-sheet has been filed before the competent Court, thus this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Taran Sahu, involved in Crime No. 298/2025 registered at Police Station - Khairagarh, District- Khairagarh- Chhuikhadan-Gandai (C.G.), for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substance Act, 1985, be released on bail on his 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 4 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 Nyay 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 Bharatiya Nagarik Suraksha Sanhita 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 Bharatiya Nyay 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 Bharatiya Nagarik Suraksha Sanhita. 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 forthwith.- /- Sd/- (Ramesh Sinha) Chief Justice Kunal