1 2025:CGHC:445 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8696 of 2024 Chandradev Singh S/o Shri Narsingh Aged About 41 Years R/o Dumarkhi P.S. Balrampur Distt. Balrampur Ramanujganj Chhattisgarh (Correctly Mentioned) ... Applicant versus State Of Chhattisgarh Through SHO Pasta, District Balrampur-Ramanujganj Chhattisgarh ... Non-Applicant For Applicant : Mr. Dheerendra Pandey, Advocate. For Non-Applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/01/2025 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. 74/2024 registered at Police Station- Pasta, District Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 20-(ii)(B) of the Narcotic Drugs Psychotropic Substance Act, 1985. 2. Case of the prosecution, in brief, is that the SHO Pasta, Balrampur has received secret information two person transporting the Ganja (cannabis) from the motorcycle Hero x-Treme on basis of said information, Pasta 2 SHO along with his staff has reached the spot and seized 1 Kg 500-gram Ganja from the possession of the co-accused i.e. ABC Juvenile conflict with law and arrested the Juvenile conflict with law and recorded the memorandum statement of the co-accused on the basis of the memorandum statement of the co-accused alleged the applicant crime in question and arrested the present applicant. 3. It has been argued by the learned counsel for the applicant that no recovery of contraband article has been seized from the physical possession of the applicant as the same was recovered from the juvenile who is the co-accused i.e. 1 Kg 500-gram Ganja. It is further submitted that the applicant has no previous criminal antecedents. It is also submitted that the charge-sheet has been filed and the trial is in progress, the applicant is in jail since 21.11.2024, hence he prays that the applicant be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the applicant has one previous criminal antecedents under the Ishtagasa, therefore, his bail application is liable to be dismissed. 5. 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 and the fact that no recovery of contraband article has been seized from the physical possession of the applicant as the same was recovered from the juvenile who is the co-accused i.e. 1 Kg 500-gram Ganja, further, the applicant has no previous criminal antecedents, further the charge-sheet has been filed and the applicant is in jail since 21.11.2024, 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 3 without commenting on the merits of the case. 7. Accordingly, the bail application is allowed. Let applicant, Chandradev Singh involved in Crime No. 74/2024 registered at Police Station- Pasta, District Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 20-(ii)(B) of the Narcotic Drugs Psychotropic Substance Act, 1985, 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 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, 4 (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