1 2025:CGHC:1770 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 206 of 2025 1 - Jhasketan Kosi S/o Chaitram Kosi Aged About 29 Years R/o Village Satidarha P.S. Ambabhauna, District Bargarh (Orissa) 2 - Baijnath Chaudhari S/o Amritlal Chaudhari Aged About 34 Years R/o Village Satidarha P.S. Ambabhauna, District Bargarh (Orissa) ... Applicants versus State of Chhattisgarh Through - Station House OfÏcer, Excise Sub Inspector Circle Sariya, District Sarangarh - Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. Ravi Kumar Banjare, Advocate For Non-applicant/State : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 60/2024 registered at Police Station- Excise Sub Inspector Circle Sariya, District Sarangarh - Bilaigarh (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.10 20:31:47 +0530 2 2. Case of the prosecution, in brief is that the police of Police Station- Excise Sub Inspector Circle Sariya, District Sarangarh - Bilaigarh (C.G.), received a secret information from the informant and on the said information police conducted a raid and seized 7.040 Kgs of contraband Ganja from the joint possession of the present applicants. Thereafter, offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicants. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. He further submits that seized 7.040 Kgs of Ganja was not seized from the joint possession of the present applicants. He also submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act. He further submits that the present applicants have no criminal antecedents and they are in jail since 11.11.2024 and 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, learned Panel Lawyer opposes the bail application of the present applicant and submit that the charge- sheet has already been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicants. He further submits that from the joint possession of the present applicants total 7.040 Kgs of Ganja was seized, therefore, the present applicants are not entitled for grant of bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the present applicants have no criminal antecedents and also considering the fact that in the present bail application the charge- sheet has been filed before the competent Court and the applicants are in jail since 11.11.2024 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Jhasketan Kosi and Baijnath Chaudhari, involved in Crime No. 60/2024 registered at Police Station- Excise Sub Inspector Circle Sariya, District Sarangarh - Bilaigarh (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, 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/- (Ramesh Sinha) Chief Justice Rahul Dewangan