1 2025:CGHC:50460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7128 of 2025 Deepak Malviya S/o Bhawar Lal Malviya Aged About 23 Years Ward No. 04, Kala Ji Ki Baldi, Khilachipur, P.S- Khilachipur, District- Rajgarh ( M.P.). ... Applicant(s) versus State Of Chhattisgarh Through- Station House OfÏcer, Police Station- Baramkela, District- Sarangarh- Bilaigarh ( C.G. ). ... Non-applicant(s) For Applicant : Mr. Amit Singh Chauhan, Advocate For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.10.2025 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. 71/2025 registered at Police Station Baramkela District – Sarangarh-Bilaigarh (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 on 15.06.2025, during routine vehicle checking, the Police of Police Station Baramkela KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 allegedly recovered 5.60 kilograms of cannabis from the unlawful possession of the applicant, who was riding a Hero Splendor Plus motorcycle bearing registration No. MP-39-ZG-7059. Consequently, FIR bearing Crime No. 71/2025 was registered against the applicant, and he was taken into custody. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case and from the possession of the applicant intermediate quantity of the 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 possession of the applicant only 5.60 Kgs of Ganja has been seized. It is further submitted that there is no any criminal antecedent of the applicant from the State of M.P. as well as from the State of Chhattisgarh and he is in jail since 16.06.2025 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 counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there is no criminal antecedent of the applicant from the State of Madhya Pradesh. She further submits that the quantity of contraband article which is said to have been recovered from the possession of the applicant, is less than intermediate quantity. However, his bail application is liable to be rejected. 3 5. I have 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 as well as considering the quantity of Ganja seized from the possession of the applicant i.e. 5.60 Kgs, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed before the competent Court and the applicant has no criminal antecedent from the State of Madhya Pradesh and further that the applicant is in jail since 16.06.2025 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. Let the Applicant – Deepak Malviya, involved in Crime No. 71/2025 registered at Police Station Baramkela District – Sarangarh-Bilaigarh (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 4 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 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 trust that the trial Court would make an earnest endeavour to conclude the trial as expeditiously as possible preferably within a period of six months from the date of receipt of a certified copy of the order, 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 Kunal