1 2025:CGHC:57801 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9661 of 2025 1 - Anurag Soni S/o Shri Rajkumar Soni Aged About 28 Years R/o - Rambag Dhamtari, Thana - Dhamtari, District - Dhamtari (C.G.) 2 - Vikas Dhruv @ Aloo S/o Shri Shyam Kumar Aged About 27 Years R/o - Marar Para Banspara Dhamtari, Thana - Dhamtari, District - Dhamtari (C.G.) 3 - Rahul Tamrakar S/o Late Shri Ramuram Aged About 27 Years R/o - Dhurva Tota Dondi, Thana - Dondi, District - Balod (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station - Kondagaon, District - Kondagaon (C.G.) ... Respondent For Applicants : Shri Shreyansh Pathak, Advocate (through VC) For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.27 19:16:08 +0530 2 Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.298/2025 registered at Police Station Kondagaon, Distt. Kondagaon (C.G) for the offence punishable under Section 20(B) of NDPS Act. 2. Case of the prosecution, in brief, is that on 07.09.2025 Police officers of Police Station Kondagaon, Kondagao have received secret information from the informant through mobile with the averment that the 3 persons in baleno car has kept contraband article Ganja in his Car hood and transporting it to dhamtari the police has prepared the search team a search has been conducted and alleged to be seized 14.300 kg contraband article Ganja from the applicant's Car which was kept in plastic bag and after complying the mandatory provisions of Act arrested the applicants for the alleged commission of offence. 3. Learned counsel for the applicants submitted that the applicants were found in the vehicle in which 14.300 kg contraband article Ganja was found and it is stated that the co-accused namely Lokesh Goyal who was the owner of the vehicle in question has already been enlarged on bail by this Court in MCRC No.9518 of 2025 on 24/11/2025. He would submit that the charge sheet has been filed in this case, the applicants are in jail since 8/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that the applicants have no previous criminal antecedents. 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, further the fact that the applicants were found in the vehicle in which 14.300 kg contraband article Ganja was found and further the fact that the co-accused namely Lokesh Goyal who was the owner of the vehicle in question has already been enlarged on bail by this Court in MCRC No.9518 of 2025 on 24/11/2025, applicants have no previous criminal antecedents, period of detention of the applicants since 8/09/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Anurag Soni, Vikas Dhruv @ Aloo & Rahul Tamrakar, involved in Crime No.298/2025 registered at Police Station Kondagaon, Distt. Kondagaon (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 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 4 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. (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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri