1 2025:CGHC:50080 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6697 of 2025 Dinesh Sarthi S/o Radheshyam Sarthi, Aged About 45 Years, R/o Sarthi Para, Mathpara, PS and District - Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Durg Kotwali, District - Durg (C.G.) ... Non-Applicant For Applicant : Ms. Anuja Sharma, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/10/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 278/2025 registered at Police Station - Durg Kotwali District - Durg (C.G.), for the offence punishable under Section 20(b) and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.09 10:57:33 +0530 2 2. As per the prosecution's story, based on secret information, a raid was conducted on 11.06.2025, during which the present applicant was apprehended by the police of PS Durg Kotwali. It is alleged that a total of 1070 grams of Ganja was recovered from the applicant, contained in three packets kept in a jhola (bag) in his possession. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the quantity of Ganja seized from the applicant is less than the commercial quantity. It is also submitted that the applicant has two previous criminal antecedents under Section 324 of the IPC and under Section 25, 27 of Arms Act of the year 2001 and 2006, both of which have already been disposed of, however, since they are old and stale. The charge-sheet has already been filed, and the applicant is in jail since 11.06.2025. Hence, it is prayed that the applicant may be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has not been filed in the present bail application. She further submits that the applicant has one previous criminal antecedents of the year 2006, therefore the applicant is not entitled for grant of bail. 5. I have Heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact the quantity of contraband article i.e. Ganja which has been recovered is less than the commercial quantity, further the applicant 3 has two previous criminal antecedents, both of which have already been disposed of and are old and stale, and the applicant is in jail since 11.06.2025, the conclusion of the trial is likely to take sometime, this Court is of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let applicant - Dinesh Sarthi involved in Crime No. 278/2025 registered at Police Station - Durg Kotwali District - Durg (C.G.), for the offence punishable under Section 20(b) and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on their 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. (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 4 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/- (Ramesh Sinha) Chief Justice Preeti