1 2025:CGHC:54165 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8831 of 2025 1. Vinod Sunmongari S/o Munna Sunmongari Aged About 29 Years R/o Ward No.- 3, Kharora, District- Raipur, (C.G.) 2. Susheel Shrivas S/o Shivkumar Shrivas Aged About 35 Years R/o Ward No.-3, Kharora, District- Raipur (C.G.) 3. Narayan Sahu S/o Manoj Sahu Aged About 29 Years R/o Village- Tila, Devsundra, Police Station- Palari, District- Balodabazar, (C.G.) ... Applicants versus State of Chhattisgarh Through- Station House Officer, Police Station - Kharora, District Raipur (C.G.) ... Non-Applicant For Applicants : Mr. Galib Dwivedi, Advocate. For Non-Applicant/State : Ms. Ankita Shukal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/11/2025 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 have been arrested in connection with Crime No. 571/2025 registered at Police Station - Kharora, District Raipur (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.07 15:27:43 +0530 2 2. As per the case of the prosecution, on 20.08.2025, the police received secret information that the present applicants No. 1 and 2 were in possession of ganja. Acting on the said information, the police apprehended applicant No. 1 (Vinod Sunmongari) and applicant No. 2 (Susheel Shrivas) on the spot. The police seized one bag containing two packets of ganja, each weighing 1.9 kilograms, having a total value of Rs. 40,000/-. Thereafter, both applicants were formally arrested. During the course of investigation, on 25.08.2025, the police also arrested applicant No. 3 (Narayan Sahu) for allegedly supplying the ganja to the aforesaid accused persons and seized a sum of Rs. 2,000/- from him. The present applicants were arrested by Police Station Kharora, District Raipur (C.G.) on 20.08.2025 and 25.08.2025 for the alleged offence punishable under Section 20(b) of the N.D.P.S. Act. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that the charge-sheet has already been filed. It is also submitted that from the possession of applicant Nos. 1 and 2, ganja weighing 1.9 kilograms each, valued at Rs. 40,000/-, was seized, and the allegation against applicant No. 3 is that he allegedly supplied the said ganja to the aforesaid accused persons. With regard to the criminal antecedents of the applicants, it is submitted that applicant No. 1, namely, Vinod Sunmongari has no previous criminal antecedents, applicant No. 2- Susheel Shrivas has seven previous criminal antecedents, out of which he has been acquitted in five cases, and two cases, one 3 under the NDPS Act and the other under the Excise Act, are pending, applicant No. 3 - Narayan Sahu has eight previous criminal antecedents, out of which he has been acquitted in six cases, and two cases, under the Excise Act and the IPC, are pending. Applicant Nos. 1 and 2 have been in jail since 20.08.2025, and applicant No. 3 has been in jail since 25.08.2025. As the trial is likely to take some time for its conclusion, it is prayed that the applicants may be enlarged on bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed. She further submits that from the possession of applicant Nos. 1 and 2, ganja weighing 1.9 kilograms each, valued at Rs. 40,000/-, was seized, and the allegation against applicant No. 3 is that he allegedly supplied the said ganja to the aforesaid accused persons. With regard to the criminal antecedents of the applicants, applicant No. 1, namely, Vinod Sunmongari has no previous criminal antecedents, applicant No. 2- Susheel Shrivas has seven previous criminal antecedents, out of which one under the NDPS Act, applicant No. 3 - Narayan Sahu has eight previous criminal antecedents, out of which he has been acquitted in six cases, and two cases, under the Excise Act and the IPC, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Considering the facts and circumstances of the case and further the fact that that applicant No. 2 - Susheel Shrivas has seven previous 4 criminal antecedents, out of which he has been acquitted in five cases, and two cases, one under the NDPS Act and the other under the Excise Act, are pending which shows that he is a habitual offende and it cannot be said to be a case of false implication and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this bail application of applicant No.2 – Susheel Shrivas involved in Crime No. 571/2025 registered at Police Station - Kharora, District Raipur (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Whereas the fact that the charge-sheet has been filed in the present case and the applicant No. 1 is having no previous criminal antecedents and applicant No. 3 - Narayan Sahu has eight previous criminal antecedents, out of which he has been acquitted in six cases, and two cases, under the Excise Act and the IPC, further the applicant Nos.1 and 3 have no previous case under the NDPS Act, and applicant No.1 is in jail since 20.08.2025 and applicant No.3 is in jail since 25.08.2025, the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant Nos.1 and 3 are entitled to be released on bail in this case. 9. 9. Accordingly, the bail application is allowed with respect to applicant 5 Nos.1 and 3 - Vinod Sunmongari and Narayan Sahu involved in Crime No. 571/2025 registered at Police Station - Kharora, District Raipur (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 sshall 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 applicant misuses the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 6 (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. 10. 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