1 2025:CGHC:53598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7042 of 2025 Jameel Beg S/o Shri Jaleel Beg Aged About 39 Years R/o Ward No. 11, Sai Sadan Dharsinva, Police Station Dharsinva, District Raipur C.G. ... Applicant versus State Of Chhattisgarh Through Station House Office, Police Station Pateva, District Mahasamund C.G. ... Respondent For Applicant : Shri Shikhar Sharma, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03/11/2025 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.86/2025, registered at Police Station Pateva, District Mahasamund (C.G.) for the offence punishable under Section 20 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.04 15:07:26 +0530 2 (B) Narcotic Drugs & Psychotropic Substance Act. 2. The prosecution story, in brief, is that on 09-06-2025, the police received information from informer that two persons ridding Honda Motorcycle bearing Registration Number CG-04/PN-8841 coming from Sankara and going towards Raipur carrying contraband Ganja in a bag. Upon the said information, the police conducted checking in the National Highway Road and stopped the said motorcycle and upon search found 9 KG contraband Ganja carried by them in total 8 packets wrapped in browner colored tap and also in one polythene bag and because of which the police arrested the accused persons Pawan Kumar Shriwas and Yaman Prakash Patel and registered the FIR against them and during the investigation the memorandum statement was recorded of the accused persons and the offence is also registered against the present applicant stating that the present applicant asked for the said contraband Ganja from the co- accused persons for selling the same and because of which he also got arrested. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He would submit that contraband Ganja was not seized from the exclusive possession of the present applicant and the present applicant have been made an accused in the present crime only on the basis of memorandum statement of the other 3 accused persons. He would submit that the applicant has one criminal antecedent under the NDPS Act in which he has been acquitted. He would submit that the charge-sheet has been filed in this case, applicant is in jail since 26/07/2025 and the conclusion of the 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 counsel for the State opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would further submit that the applicant has one criminal antecedent under the NDPS Act in which he has been acquitted. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, further the fact that on the memorandum of the co-accused, applicant has been implicated in this case, applicant has one criminal antecedent under the NDPS Act in which he has been acquitted, period of detention of the applicant since 26/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that 4 the Applicant- Jameel Beg, involved in Crime No.86/2025, registered at Police Station Pateva, District Mahasamund (C.G.) for the offence punishable under Section 20 (B) Narcotic Drugs & Psychotropic Substance Act, 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) 5 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri