1 2025:CGHC:4067 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8452 of 2024 Ajay Devda S/o Let Bhanwar Lal Ji Aged About 23 Years R/o Village/post Bilada Ward No.15 Near Ambedkar Chowk In Front of Parshad Banshi Lal Chauhan Gali, P.S. Pichiyak, District-Jodhpur (Rajasthan) ... Applicant versus State of Chhattisgarh Through Police Station Tikarapara, District - Raipur Chhattisgarh ... Non-Applicant For Applicant : Mr. Ashish Gangwani, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 22.01.2025 1 The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 754/2024 registered at Police Station - Tikarapara, District - Raipur (C.G.) for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substance Act, 1985. 2 The prosecution story, in brief, is that on the basis of secret information, the Police of Police Station Tikarapara, District - Raipur (C.G.) has PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.23 19:40:40 +0530 2 recovered 14.362 Kgs of Ganja/drug from illegal possession of the applicant. According, the offence have been registered and the applicant has been arrested. 3 Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that total 14.362 Kgs of Ganja/drug has been seized, which is much less than the commercial quantity and the applicant has no previous criminal antecedent and he is in jail since 03.10.2024, charge-sheet has been filed and 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 opposes the bail application but admits that though twice the time was granted to obtain the criminal antecedent of the applicant from the State of Rajasthan, but he has not received any information with respect to the same. He further submits that total 14.362 Kgs of Ganja/drug has been seized from the possession of the applicant. The charge-sheet has been filed in the present case. Hence, he is not entitled to be enlarged on bail. 5 I have heard learned counsel for the parties and perused the materials available on record. 6 Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and the fact that total quantity of 14.362 Kgs of Ganja/drug has been seized from the possession of the applicant, which is less than the commercial quantity and the fact that in pursuance to the Court’s order dated 04.12.2024 and 03.01.2025, twice the time was granted to obtain the criminal antecedents of the applicant from the State of Rajasthan, but the State counsel has not received any information with respect to the same, charge-sheet has been filed and the applicant is in jail since 03.10.2024 and the conclusion of the trial is 3 likely to take quite long time, without commenting on merits of the case, I am inclined to grant bail to the applicant. 7 Accordingly, the bail application is allowed. 7 Accordingly, the bail application is allowed. Let the applicant - Ajay Devda involved in Crime No. 754/2024 registered at Police Station - Tikarapara, District - Raipur (C.G.) for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substance Act, 1985, be released on bail on their furnishing a 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 Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail dur- ing trial and in order to secure his presence, proclama- tion under Section 84 of BNSS. is issued and the appli- cant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate pro- ceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, be- fore 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 4 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 trusts that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the date of receipt of a certified copy of this 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/- Sd/- (Ramesh Sinha) Chief Justice Preeti