1 2025:CGHC:55223 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8119 of 2025 1 - Bharat Panigrahi S/o Shri Gananath Panigrahi Aged About 52 Years R/o Kumbhari, Saintala, District - Balangir (Odisha) 2 - Radheshyam Panigrahi S/o Shri Bharat Panigrahi Aged About 24 Years R/o Kumbhari, Saintala, District - Balangir (Odisha) ... Applicants Versus 1 - State Of Chhattisgarh Through Police Station Kotwali, District- Rajnandgaon, C.G. ... Non-applicant For Applicants : Mr. H.S. Ahluwalia, Advocate For Non-applicant : Ms. Supriya Upasne, Government Advocate S.B. : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 12/11/2025 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 applicants who have been arrested in connection with Crime No. 544/2025 registered at Police Station – Kotwali, District – Rajnandgaon (C.G.), for the offence punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution's story in brief is that, on 20.09.2025, the police authorities of Police Station – Kotwali, District – Rajnandgaon, received a secret information from an informant and on the basis of the said information, 2 conducted a raid and seized 08 Kgs of Contraband (Ganja) from the possession of the applicant. Thereafter the aforesaid offences were registered against the applicant. 3. It has been argued by learned counsel for the applicants that the applicants have been falsely implicated in this case and the said contraband article i.e. 08 Kgs of Contraband (Ganja) is less than the commercial quantity and therefore, it will not attract the rigors of Section 37 of the NDPS Act, 1985. It is further submitted by the learned counsel for the applicants that they are having no criminal antecedents against them. They are in jail since 20.09.2025 and the 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 State counsel opposes the bail application of the present applicant and submits that the charge-sheet has not been submitted before the competent Court and the investigation is still going on in the present case. However, he submits that the applicants are residents of Odisha and and considering the seriousness of the offences, the risk of tampering with evidence, and the prima facie material collected, it is submitted that the bail application deserves to be dismissed. 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 that the article i.e. 08 Kgs of Contraband (Ganja) was recovered from the possession of the present applicants, which is less than commercial quantity. Moreover, the fact that investigation is still going on, charge-sheet has not been filed before the competent Court. Also considering the fact that the applicants are in jail since 20.09.2025, conclusion of the trial may take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Bharat Panigrahi and Radheshyam Panigrahi, 3 involved in Crime No. 544/2025 registered at Police Station – Kotwali, District – Rajnandgaon (C.G.), for the offence punishable under Section 20 (b) of the NDPS 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 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 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 his, 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 4 default as abuse of liberty of bail and proceed against him in accordance with law. 8. However, this Court hopes and trusts that the Trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of certified copy of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the Trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY