1 / 4 2025:CGHC:54894 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7859 of 2025 Uttam Shrivas S/o Tenuram Shrivas Aged About 35 Years R/o Mukdega, Tangerpara, P.S. Lailunga, Distt. Raigarh, Chhattisgarh. ---Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Sakti, Distt. Sakti, Chhattisgarh ---Non-applicant MCRC No. 7863 of 2025 Gulab Dewangan S/o Laxminarayan Dewangan, Aged About 19 Years R/o Kaserpara, Sakti, Police Station And District Sakti (C.G.) ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Sakti, District Sakti (C.G.) ... Non-applicant For Respective Applicants : Mr. Amit Singh Chauhan, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.11.2025 1. The applicants have preferred this First Bail Application under Section VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.12 12:26:35 +0530 2 / 4 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 245/2025, registered at Police Station : Sakti District – Sakti (C.G.) for the offence punishable under Section 20(B) of the NDPS Act. 2. As per the prosecution story in MCRC No. 7859 of 2025, on 18.07.2025 the A.S.I. namely Rajesh Yadav received secret information through informant to the effect that two persons are bringing cannabis in Jupiter Scooty from Raigarh to Sakti. On the basis of said information, the police personnel conducted raid and alleged recovered 11 kg. cannabis from the possession of applicant and co-accused Gulab Dewangan 3. As per the prosecution story in MCRC No. 7863 of 2025, on 18.07.2025 the A.S.I. namely Rajesh Yadav received secret information through informant to the effect that two persons are bringing cannabis in Jupiter Scooty from Raigarh to Sakti. On the basis of said information, the police personnel conducted raid and alleged recovered 11 kg. cannabis from the possession of applicant and co-accused Uttam Shrivas. 4. The applicants are innocent and have been falsely implicated in the instant case That the applicants are innocent and have been falsely implicated in the instant case. The alleged cannabis has not been recovered from the joint or exclusive possession of the applicants. The applicants have no previous convictions, and the alleged offence is not punishable with life imprisonment or death penalty. The quantity of cannabis allegedly recovered is much less than the commercial quantity. The charge-sheet has already been filed before the 3 / 4 competent Court, and the trial is likely to take considerable time for its conclusion. The applicants undertake to appear before the learned Trial Court during the course of the trial and shall not misuse the liberty granted to them. The applicants have been in judicial custody since 19.07.2025. They are permanent residents of the addresses mentioned in the cause title, and therefore, there is no likelihood of their absconding or tampering with the prosecution witnesses. The applicants are ready and willing to furnish adequate sureties and undertake to abide by all the directions and conditions that may be imposed by this Hon’ble Court, therefore, they prays for grant of regular bail to the present applicants. 5. On the other hand learned State counsel opposed the bail application of the present applicants. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, namely that the contraband article recovered from the possession of the applicants is less than the commercial quantity, and that the applicants have no criminal antecedents, coupled with the fact that the charge-sheet has already been filed before the competent Court, the applicants are in judicial custody since 19.07.2025, and the conclusion of the trial is likely to take some more time, this Court is of the considered opinion that the applicants deserve to be enlarged on bail in the present case. 8. 8. Let the Applicants – Uttam Shrivas & Gulab Dewangan involved in Crime No. 245/2025, registered at Police Station : Sakti District – Sakti 4 / 4 (C.G.) for the offence punishable under Section 20(B) of the NDPS Act, be released on bail on furnishing personal bond with two local sureties each 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 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 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. (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. 9. 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 Vaibhav