1 2025:CGHC:7751 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8549 of 2024 Nilandri Yadav W/o Pramod Yadav Aged About 28 Years R/o Village Jogiputka (Putka), Thana- Jagdalpur, District- Bargarh, Odisha. ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Saraipali, District- Mahasamund, Chhattisgarh. ... Non-applicant For Applicant : Mr. Kishore Narayan as well Pritam Singh, Advocates For Respondent : Ms. Supriya Upasane, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.299/2024, registered at Police Station-Saraipali, District Mahasamund (C.G.) for the offence punishable under Section 20(b) of the NDPS Act. 2. The prosecution story, in brief, is that on 23.11.2024, as per secret information received from the informant that upon such information, the police ofÏcials reached at concerned spot, conducted raid and have seized 03 Kgs of Ganja from the possession of the applicant and another accused namely Pramod Yadav who is husband of the present KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 applicant and after that he has absconded from the scene of occurrence. Therefore, the aforesaid offence has been registered against the applicant along with co-accused. 3. Learned counsel for the applicant submits that from the possession of the present 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 for Ganja as prescribed under the schedule is more than 20 Kgs and from the possession of the present applicant, only 03 kg of Ganja has been seized. They further submits that there is no criminal antecedent of the present applicant, the applicant being a lady aged about 28 years and is languishing in jail since 24.11.2024 and in the present case, charge- sheet has been filed before the competent Court, the conclusion of the trial is likely to take some time, hence, they prays to enlarge the present applicant on bail. 4. Learned counsel for the State opposes the prayer for grant of bail and submits that in the present case, charge-sheet has already been submitted and the applicant has no criminal antecedent from the State of Odisha and further the quantity of contraband article which has been recovered from the possession of the applicant, is less than commercial quantity. Accordingly, she is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and further the fact that in the present case, charge-sheet has been filed before the competent Court and the applicant being a lady aged about 28 years and she has no 3 criminal antecedents from the State of Odisha and the quantity of psychotropic substance Ganja seized from the possession of the applicant i.e. 03 kgs, which is less than commercial quantity and the conclusion of the trial is likely to take sometime and further the applicant is in jail since 24.11.2024, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let applicant, Nilandri Yadav, involved in Crime No.299/2024, registered at Police Station-Saraipali, District Mahasamund (C.G.) for the offence punishable under Section 20(b) of the NDPS Act, be released on bail on his 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 she 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 her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 84 of Bharatiya Nyaya 4 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 her, in accordance with law, under Section Section 209 of 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 her 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 this order, if there is no legal impediment. 9. OfÏce 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 Kunal