1 2025:CGHC:46522 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7279 of 2025 Raju Soni @ Gyani Soni S/o Late Chandulal Soni, Aged About 51 Years, R/o Indira Market Gobra Nawapara, Police Station Gobra Nawapara, District - Raipur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Fingeshwar, District Gariyaband, Chhattisgarh ... Non-Applicant For Applicant : Mr. Leekesh Kumar, Advocate. For Non-Applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/09/2025 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. 185/2025 registered at Police Station- Fingeshwar, District - Gariyaband (C.G.), for the offence punishable under Section 20 (B) of the Narcotic Drugs Psychotropic Substance Act. 2. As per the prosecution, on 22.06.2025, acting on information that narcotic substance (Ganja) was being illegally transported by two PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.12 10:48:18 +0530 2 individuals on a motorcycle from Mahasamund Road towards Fingeshwar, the police from Police Station Fingeshwar conducted a raid. On the main road near the place of incident, 7.54 kg of Ganja was seized from the possession of co-accused Khilawan Dhruv and Rajesh Bhoi. During the investigation, it was revealed that the present applicant had instructed the co-accused to transport the contraband. Based on their memorandum statements, a further seizure of 2.13 kg of Ganja was made from the present applicant on 23.06.2025. A case was registered under the NDPS Act, the applicant was arrested on 23.06.2025, and the charge sheet was filed on 14.08.2025 before the learned Special Judge, NDPS Act, Raipur, Chhattisgarh. Hence, this bail application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that no case is made out against the applicant under the alleged offence, as he was not found in possession of the seized material (Ganja). No recovery has been made from the present applicant, he has been implicated solely on the basis of the memorandum statement of the co-accused. It is also submitted that the applicant has no previous criminal antecedents. The charge-sheet has already been filed, and the applicant has been in judicial custody since 23.06.2025. Hence, it is prayed that the applicant may 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 filed and the applicant has no previous criminal antecedents. 3 5. I have Heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact the quantity of contraband article Ganja which has been recovered, is less than the commercial quantity, further the applicant has no previous criminal antecedents, the charge-sheet has been filed and the applicant is in jail since 23.06.2025, the conclusion of the trial is likely to take sometime, this Court is of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant- Raju Soni @ Gyani Soni involved in Crime No. 185/2025 registered at Police Station- Fingeshwar, District - Gariyaband (C.G.), for the offence punishable under Section 20 (B) 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 court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient 4 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