1 2025:CGHC:47315 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7386 of 2025 Mohd. Sameer S/o Gayasuddin Aged About 28 Years R/o Village- Karaundamuda, Police Station - Jhilmili, Tahsil- Bhaiyathan, District- Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station- Bhatgaon, District- Surajpur (C.G.) ... Respondent For Applicant : Shri Ajeet Kumar Yadav, Advocate. For Respondent/State : Shri Soumya Rai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15/09/2025 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.75/2025, registered at Police Station – Bhatgaon, District-Surajpur (C.G.) for the offence punishable under Sections 20(B), 29 of Narcotic Drugs Psychotropic Substances Act. 2. The prosecution story, in brief, is that on 12.08.2025, the Police of GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.15 19:52:36 +0530 2 Police Station, Bhatgaon has received an information through informant to the effect that three persons are going in motorcycle for sale of cannabis towards Village Karaundamuda. On the basis of said information, the police personnel conducted raid and allegedly recovered 12.240 kg. cannabis from the accused persons from motorcycle bearing registration no. CG-29-AC-3026. Accordingly the offence U/s 20(B), 29 of NDPS Act have been registered and the accused persons including present applicant have been arrested. 3. Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely implicated in the aforesaid case. He further submits that 12.240 kgs of contraband Ganja was not seized from the joint possession of the present applicant and other co- accused. He also submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act. He would submit that co- accused persons namely Arif Raza and Faizan Raja has been granted bail by this Court vice MCRC Nos.6195/2025 and 6208/2025 on 06/08/2025. He further submits that the present applicant has no criminal antecedents and he in jail since 12/08/2025 and 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, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case. He would submit that there is no criminal antecedents against the applicant. He further submits that 12.240 kgs of contraband Ganja was seized from the joint possession of the present applicant and other co-accused, therefore, this bail application is liable to be 3 rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, considering the quantity of Ganja seized from the joint possession of the present applicant and other co-accused i.e. a total of 12.240 kgs which is less than the commercial quantity, further the fact that co- accused persons namely Arif Raza and Faizan Raja has been granted bail by this Court vice MCRC Nos.6195/2025 and 6208/2025 on 06/08/2025, applicant has no criminal antecedents, charge-sheet has been filed in this case, applicant is jail since 12/08/2025 and conclusion of the trial may take some time, therefore, this Court is of the view 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- Mohd. Sameer, involved in Crime No.75/2025, registered at Police Station – Bhatgaon, District-Surajpur (C.G.) for the offence punishable under Sections 20(B), 29 of Narcotic Drugs Psychotropic Substances Act, be released on bail on his furnishing a personal bond with two 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. 4 (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 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. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri