1 2025:CGHC:55918 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8126 of 2025 Rakesh S/o Shri Jagdish Prasad Aged About 42 Years Village Chandpurva Police Station Sumerpur District. Hamirpur U.P., India. ... Applicant versus State Of Chhattisgarh Through Police Station GRP Distt. Raipur Chhattisgarh ... Respondent For Applicant : Shri Ajay Kumar Mishra, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17/11/2025 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.90/2025, registered at Police Station – GRP Raipur C.G. for the offence punishable under Section 20 B of the NDPS Act. 2. The prosecution story, in brief, is that GRP police received secret information from the informer, that the the applicant carrying GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.18 11:36:43 +0530 2 contraband illegally without any authorization, police intercepted the applicant and recovered contraband in 4 different back pack, total 18 packet recovered and total 17.900 KG contraband article ganja recovered from the possession of the applicant, police registered the crime and arrested the applicant. 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. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicant 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 applicant only 17.900 kg contraband article Ganja has been seized. It is further submitted that applicant is in jail since 3/08/2025 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 she would submit that the charge sheet has been filed in this case before the competent court. She would further submit that the applicant has no criminal antecedents in the State of Uttar Pradesh. She would submit that from the possession of the applicant 17.900 kg contraband article Ganja has been seized which is less than the commercial quantity. 5. I have heard learned counsel for the parties and perused the material 3 available on record. 6. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties as well as considering the quantity of Ganja seized from the possession of the applicant i.e. a total of 17.900 kg, which is less than the commercial quantity, also considering the fact that charge-sheet has been filed, further that the applicant is in jail since 3/08/2025 and the conclusion of the trial is likely to take sometime, therefore I am of the opinion 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 the Applicant- Rakesh, involved in Crime No.90/2025, registered at Police Station – GRP Raipur C.G. for the offence punishable under Section 20 B of the NDPS Act, be released on bail on his 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 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 4 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) 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-d Sd/- (Ramesh Sinha) Chief Justice gouri