1 2025:CGHC:57489 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9598 of 2025 1 - Yogesh Tamaskar S/o. Anil Tamskar Aged About 29 Years R/o Village-Thakurtola, Thana- Somni, Distt.- Rajnandgaon (C.G.) 2 - Himanshu Deshlahre S/o Late Vinod Deshlahre Aged About 19 Years R/o Village- Mohandi, Thana, Bhilai-3, Distt.- Durg (C.G.) ... Applicants versus The State of Chhattisgarh Through SHO, Police Station- Khairagah, Distt.- Khairagarh-Chhuikhadan-Gandai (C.G.) ... Non-applicant For Applicant : Mr. Samir Singh, Advocate For Non-applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.11.2025 1. This is the <rst bail application <led 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. 443/2025 registered at Police Station Khairagah, District- Khairagarh-Chhuikhadan-Gandai (C.G.) for the o=ence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. Case of the prosecution, in brief is that the police of Police Station Khairagah, District - Khairagarh-Chhuikhadan-Gandai (C.G.), received a secret information from the informant and on the said information police conducted a raid and seized 8.462 Kgs of Ganja from the joint possession of the present applicants. Thereafter, o=ence 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 applicants are innocent and have been falsely implicated in the present case. He further submits that seized 8.462 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 applicants have no criminal antecedents and they have been in jail since 12.09.2025 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 applicants and submit that the charge- sheet has been <led 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 applicant total 8.462 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 <led before the competent Court and they are in jail since 12.09.2025 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 – Yogesh Tamaskar and Himanshu Deshlahre, involved in Crime No. 443/2025 registered at Police Station Khairagah, District- Khairagarh-Chhuikhadan-Gandai (C.G.) for the o=ence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall <le an undertaking to the e=ect that they shall not seek any adjournment on the dates <xed 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 <xed, either personally or through their counsel. In case of their absence, without 4 suDcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (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 <xed 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 <xed 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 suDcient 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. ODce is directed to send a certi<ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan