1 2025:CGHC:46902 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7349 of 2025 Nepal Joshi S/o Horilal Joshi Aged About 38 Years R/o Lanja, Thana- Simga, Distt.- Baloda Bazar- Bhatapara (C.G.) ... Applicant(s) versus The State Of Chhattisgarh Through Sho, Police Station- Simga, Distt.- Baloda Bazar- Bhatapara (C.G.) ... Non-Applicant(s) For Applicant : Mr. Arvind Prasad, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/09/2025 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. 354/2025 registered at Police Station - Simga, District- Balodabazar-Bhatapara(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 on 30.06.2025, as per secret information received from the informant that the present applicant has kept illegal contraband i.e. ganja for selling purposes. Upon such basis, the police officials have made search, conducted raid and have seized 4.310 Kgs of Ganja from the possession of the applicant. Therefore, the Crime has been registered against the applicant for the offence punishable under Section 20(B) of the NDPS Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submitted that from the possession of the present applicant less than 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 present applicant contraband article i.e. 4.310 Kgs. (Ganja) has been seized. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedent and he is in jail since 30.06.2025 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. She further submits that from 3 the possession of the present applicant contraband article i.e. 4.310 Kgs of Ganja has been seized, 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 possession of the present applicant i.e. 4.310 Kgs. of Ganja which is less than the commercial quantity and in the present case, charge-sheet has been filed, this court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Nepal Joshi, involved in Crime No. 354/2025 registered at Police Station - Simga, District- Balodabazar- Bhatapara(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 each date fixed, either personally or through his counsel. In 4 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