1 2025:CGHC:40221 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6254 of 2025 Somesh Pathak S/o Rajendra Pathak Aged About 29 Years Behind Vijay Puram Colony, Atal Awas, Sarkanda, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. Sarkanda District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Kashif Shakeel, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.08.2025 1. This is the 8rst bail application 8led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 791/25 registered at Police Station Sarkanda, District Bilaspur (C.G.) for the o<ence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution's case, in brief, is that the police at Sarkanda, District Bilaspur, received secret information from an informant. Based on this information, they conducted a raid and seized 1.10 Kgs of Ganja from possession of the applicant, therefore, the said o<ence was registered against the applicant. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.12 10:59:49 +0530 2 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicant intermediate quantity of Ganja was 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 1.10 Kgs of Ganja was seized. It is further submitted by the learned counsel for the applicant that the applicant has 02 criminal antecedents under the IPC which are pending cases. He also submits that the applicant is in jail since 02.06.2025, 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 appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been 8led in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedents under the NDPS Act. He further submits that from the possession of the applicant contraband article i.e. 1.10 Kgs of Ganja was seized, therefore, he is not entitled for grant of regular bail. 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 contraband article i.e. 1.10 Kgs of Ganja was recovered from the possession of the applicant, which is less than commercial quantity. Moreover, the present applicant has no criminal antecedents under the 3 NDPS Act. Also considering the fact that the charge-sheet has been 8led in the present case before the competent Court and the applicant is in jail since 02.06.2025, 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. Let the Applicant - Somesh Pathak, involved in Crime No. 791/25 registered at Police Station Sarkanda, District Bilaspur (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 in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 8le an undertaking to the e<ect that he shall not seek any adjournment on the dates 8xed 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 8xed, either personally or through his counsel. In case of his absence, without suDcient 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 8xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under 4 Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates 8xed 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 suDcient 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. ODce is directed to send a certi8ed copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek