1 2025:CGHC:50930 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6737 of 2025 Budharu Ram Tandan S/o Bikaou Ram Tandan Aged About 27 Years R/o Bazar Chowk Silyari Kurud P.S. - Dharsinva. District- (Revenue And Civil) Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer Police Station - Dharsinva, District- Raipur (C.G.) ...Non-applicant For Applicant : Mr. Yogesh Chandra Pandey, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.10.2025 1. This is the first bail application filed 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. 360/2025 registered at Police Station - Dharsinva, District - Raipur (C.G.) for the offence under Section 20b of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2 2. The prosecution story in nutshell is that on 01.08.2025, Police Station Dharsinva, District Raipur (C.G.) received secret information that applicant is indulge in carrying and transporting narcotic substance. Therefore on the basis of the above secret information thana in- charge search the applicant and seized total 124 gram of contraband article i.e. Ganja from the applicant. 3. The applicant is innocent and has neither been directly involved in, nor has any connection with, the aforesaid crime, and has been falsely implicated therein. It is submitted that the mandatory provisions of Sections 50 and 52 of the NDPS Act have not been complied with by the prosecution. The seized narcotic substance amounts to only 124 grams, which is less than the “very small quantity,” making the case triable by a Magistrate of the First Class, with punishment limited to six months’ imprisonment or a fine of Rs. 10,000/-. The applicant is a permanent resident of the address mentioned above, and therefore, there is no likelihood of his absconding or tampering with the prosecution witnesses. The applicant is also willing to abide by all terms and conditions that may be imposed by this Hon’ble Court while granting bail. In view of the above, he prays for the grant of regular bai 4. On the other hand, learned counsel appearing for the State/non- applicant would opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and submits that the applicant has one criminal antecedents, 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. 3 6. Taking into consideration the facts and circumstances of the case that the contraband article i.e. Ganja was recovered from the possession of the applicant, which is less than commercial quantity. Also considering the fact that the charge-sheet has been filed in the present case before the competent Court and the applicant is in jail since 01.08.2025, 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 - Budharu Ram Tandan involved in Crime No. 360/2025 registered at Police Station - Dharsinva, District - Raipur (C.G.) for the offence under Section 20b of the Narcotic Drugs and Psychotropic Substances Act, 1985., be released on bail on furnishing 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 she 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 her absence, without sufficient cause, the trial court may proceed against his 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 her, in accordance 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice vaibhav