1 2025:CGHC:386 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8035 of 2024 Shri Mati Kanti @ Kajal Pandey W/o Pravin Pandey Aged About 36 Years R/o Village - Takhatpur, P.S. Takhatpur, District Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The P.S. Sakti, District – Bilaspur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Basant Kaiwartya, Advocate as well as Mr. S.P. Sannat, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No.789/2024, registered at Police Station – Sakti, District – Bilaspur (C.G.) for the offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2 2. The prosecution story in brief, is that the Police of Police Station – Sakti, District – Bilaspur (C.G.) has received a secret information through the informant and on the basis of the said information, the Police authority has seized a total of 16.820 Kgs of Ganja from the possession of the present co-accused person, and during the course of investigation the applicant has been arrested by the Police. Hence, this 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 submitted that the charge-sheet has been filed in this case. It is also submitted that no any seizure has been made from the applicant, as it was seized from the possession of co-accused, and so far as the quantity of the contraband article Ganja is concerned i.e. 16.820 kgs, the same is less than the commercial quantity. It is further submitted that there is one criminal antecedent of the applicant in which he has been acquitted, and he is in jail since 20.10.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the 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 one criminal antecedent of the applicant. It is submitted that a total of 16.820 Kgs of Ganja has been recovered from the possession of the co-accused person, 3 and during the course of investigation the applicant has been arrested by the Police, therefore, this bail application is liable to be rejected. 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 fact that no any seizure has been made from the applicant, as it was seized from the possession of co-accused, and so far as the quantity of the contraband article Ganja is concerned i.e. 16.820 kgs, the same is less than the commercial quantity. Also considering the fact that charge-sheet has been filed and there is one criminal antecedent of the applicant in which he has been acquitted, and further that the applicant is in jail since 20.10.2024 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, Shri Mati Kanti @ Kajal Pandey involved in Crime No.789/2024, registered at Police Station – Sakti, District – Bilaspur (C.G.) for the offence punishable under Section 20(B) of the NDPS Act, 1985, be released on bail on their 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 4 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 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) 5 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. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar