1 2025:CGHC:50960 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8110 of 2025 Hemant Bambhole @ Bhola S/o Prakash Bambhole Aged About 22 Years R/o Kamal College Road, Jeevan Colony, Behind Patalbhauravi Temple, Police Station - Basantpur, District- Rajnandgaon, Chhattisgarh (Particulars Of The Applicant Is Mentioned Correctly) ... Applicant(s) versus State Of Chhattisgarh Through - Police Station - Bhilai Nagar, District- Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Anmol Sharma, Advocate For Respondent(s) : Mr. Hariom Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No. 432/2025, registered at Police Station Bhilai Nagar, District- Durg (C.G.) for the offence punishable under MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.10.14 11:20:34 +0530 2 Section 20(B) & 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the ‘NDPS Act’). 2. The prosecution story, in brief, is that, on 17.08.2025, the Police Authorities received credible information from an insider source that two persons, travelling on a moped bearing registration No. C.G. 08 B.D. 7953, were proceeding from Rajnandgaon towards Bhilai Power House and were allegedly carrying narcotic psychotropic substance, namely Ganja. Acting upon the said information, the police party immediately conducted a raid near Garage Road, Bhilai. During the raid, two persons namely, Akshat Shindey and the present applicant were found riding the said moped. Upon search, the police recovered and seized Ganja weighing approximately 1.150 kilograms (1150 grams) from their joint possession. Thereafter, the accused persons were taken into custody and necessary seizure proceedings were carried out in accordance with law. After completion of investigation, the police authorities filed charge-sheet against both the accused persons for the alleged offences under the relevant provisions of the Narcotic Drugs and Psychotropic Substances Act. The present applicant was arrested on 18.08.2025 and was remanded to judicial custody. 3. Learned counsel for the applicant submits that from the possession of the present applicant intermediate quantity of the psychotropic substance Ganja has been seized and therefore, it 3 will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity for Ganja as prescribed under the schedule is more than 20 Kgs and from the possession of the present applicant, only 1150 grams (1.150 Kgs) of Ganja has been seized. He further submits that so far as criminal antecedents of the applicant are concerned, though he has 06 previous antecedents registered against him, but none are under the NDPS Act and all are under the IPC and the charge-sheet has been filed and the trial is in progress, the applicant is in jail since 18.08.2025 and conclusion of the trial is likely to take some time. Hence, he prays for grant of bail to the applicant. 4. Learned counsel for the State opposes the bail application but admits that the charge-sheet has already been submitted and the applicant has no criminal antecedents under the NDPS Act as all of them are under the IPC. It is submitted that 1.150 kg of Ganja has been recovered from the possession of the applicant, therefore, his bail application is liable to be dismissed. 5. Heard learned counsel for the parties and perused the case diary. 6. After hearing learned counsel for the parties as well as considering the fact that the quantity of psychotropic substance Ganja seized from the possession of the applicant i.e. 1.150 kgs, which is less than commercial quantity as the commerial quantity of Ganja is 20 kgs, the though the applicant has 06 previous criminal antecedents, but none are under the NDPS Act, charge- sheet has been filed and the conclusion of the trial is likely to take 4 sometime, and further that the applicant is in jail since 18.08.2025, I am of the opinion that the applicant is entitled to be released on bail in this case without commenting on the merits of the case. 7. Let applicant, Hemant Bambhole @ Bhola, involved in Crime No. 432/2025, registered at Police Station Bhilai Nagar, District- Durg (C.G.) for the offence punishable under Section 20(B) & 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the ‘NDPS 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. (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 them under Section 269 of Bharatiya Nyaya Sanhita. 5 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita 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 Section 209 of 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 Manpreet