1 2025:CGHC:449 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8611 of 2024 1. Mahesh Kumar Yadav S/o Shri Dhaniram Yadav Aged About 21 Years R/o Barela, Police Station- Jahragaon, District : Mungeli, Chhattisgarh 2. Komal Sonkar S/o Shri Thanakram Sonkar Aged About 21 Years R/o Thakurikanpa, Police Station- Jahragaon, District : Mungeli, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through S.H.O., Police Station- Balauda, District : Mahasamund, Chhattisgarh ... Non-Applicant For Applicant : Mr. Vaibhav A. Goverdhan, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. 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 applicants who have been arrested in connection with Crime No. 77/2024 registered at Police Station- Balauda, District - Mahasamund (C.G.), for the offence punishable under Section 20-(B) of the Narcotic Drugs Psychotropic Substance Act. 2 2. Case of the prosecution, in brief, is that on 13.10.2024, at about 17:35 o’clock were found illegally carrying 4 KG Ganja in a motorcycle HF Deluxe bearing registration NO. CG/10/BQ/4613 and thus the instant crime is registered. 3. It has been argued by the learned counsel for the applicants 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 applicants only 04 Kgs of Ganja has been recovered. It is further submitted that the applicant No. 1 has no previous criminal antecedents and applicant No. 2 has one previous criminal antecedent under the IPC. It is also submitted that the charge- sheet has been filed and the trial is in progress, the applicants are in jail since 13.10.2024, hence he prays that the applicants be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that total 04 Kgs of Ganja, has been seized from the possession of the present applicants, 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 as well as considering the quantity of psychotropic 3 substance Ganja seized from the possession of the applicants is less than commercial quantity, the applicant No. 1 has no previous criminal antecedents and applicant No. 2 has one previous criminal antecedent under the IPC, further the charge-sheet has been filed and the applicant is in jail since 13.10.2024, 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 without commenting on the merits of the case. 7. Accordingly, the bail application is allowed. Let applicant No. 1 and 2, Mahesh Kumar Yadav and Komal Sonkar involved in Crime No. 77/2024 registered at Police Station- Balauda, District - Mahasamund (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 each 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 4 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) 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