1 2025:CGHC:53094 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7646 of 2025 1 - Shivanshu Kumar Chandravanshi S/o Late Antu Singh Aged About 23 Years R/o Village Girdharpur, Police Station Karagahar, District : Rohtas, Bihar 2 - Himanshu Patel S/o Late Upendra Choudhary Aged About 23 Years R/o Village Tendubahar Baligaon Post Rajandih Police Station Rajpur, District : Rohtas, Bihar ... Applicants versus State Of Chhattisgarh Through The Police Station Ambikapur, District : Surguja Chhattisgarh ... Respondent For Applicants : Shri Tarun Naik, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30/10/2025 1. The applicants have preferred this First Bail Application under GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.31 20:02:42 +0530 2 Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.519/2025, registered at Police Station – Ambikapur, District Surguja (C.G.) for the offence punishable under Section 20 (B) of NDPS Act. 2. The prosecution story, in brief, is that Police had received secret information on 30.07.2025 to the effect that some suspected persons are in Ramanujganj Road near Sanjay Park having Ganja and trying to sell out Ganja and when they reached the spot and enquired and they found and seized 12.100 Kg Ganja in a Plastic bag, when police asked for licenses and permit they did not produce any document regarding that Ganja, then crime was registered against the applicants. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicants 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 of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the applicants only 12.100 Kg Ganja has been seized. It is further submitted that applicant No.1 has one criminal antecedent in which he has been acquitted and applicant 3 No.2 has no previous criminal antecedent and they are in jail since 31/07/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case. She would submit that applicant No.1 has one criminal antecedent in which he has been acquitted and applicant No.2 has no previous criminal antecedent. It is submitted that a total of 12.100 Kg Ganja has been recovered from the possession of the applicants, therefore, this bail application is liable to be rejected. 5. I have 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 Ganja seized from the possession of the applicants i.e. a total of 12.100 Kg, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed and further applicant No.1 has one criminal antecedent in which he has been acquitted and applicant No.2 has no previous criminal antecedent, applicants are in jail since 31/07/2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicants are entitled to be released on bail in this case. 4 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Shivanshu Kumar Chandravanshi & Himanshu Patel, involved in Crime No.519/2025, registered at Police Station – Ambikapur, District Surguja (C.G.) for the offence punishable under Section 20 (B) of NDPS Act, be released on bail on each of them 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 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 sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails 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. 5 (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 sufficient 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 earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri