1 2025:CGHC:50659 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8069 of 2025 Chandraprabha Goswami W/o Roopdharpuri Goswami Aged About 23 Years Presently Resides At Dongargaon Kandra Para P.S. Dongargaon District - Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Lalbagh District - Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Aditya Bhardwaj, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/10/2025 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. 333/2025 registered at Police Station – Lalbagh, District - Rajnandgaon (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, in brief, is that, on receiving credible information at around 06:55 a.m., the Inspector of Police Station PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.10 19:19:09 +0530 2 Lalbagh, District Rajnandgaon, was informed that a woman in a red saree was standing near Farhad Chowk, in front of Paratha House, carrying a black-and-sky-blue "American Tourister" bag containing ganja for illegal transportation and sale. The information was recorded in the Rojnamcha Sanha, and senior officers were informed as per Section 42 of the NDPS Act. Two independent witnesses were summoned, and a police team led by Inspector Rajesh Kumar Rajak, along with constables and a lady constable, proceeded to the spot in a patrolling vehicle (CG/08/AR/5260). At the location, a woman matching the description was apprehended. On questioning, she identified herself as Chandraprabha Goswami (the applicant) and admitted to carrying ganja in her bag. After serving a notice under Section 50 of the NDPS Act, her personal and bag search was conducted in the presence of witnesses. Three brown cello- taped packets containing a dry green leafy substance, identified as ganja, were recovered from her possession. The packets, marked G-1, G-2, and G-3, weighed 1.891 kg, 2.18 kg, and 2.27 kg respectively, totaling 6.341 kg. In view of these facts, the applicant’s earlier bail application was rejected. Hence, this subsequent bail application has been filed. 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 contraband Ganja has not seized from the possession of the applicant. It is also submitted that the applicant has no previous criminal antecedents. The charge-sheet 3 has already been filed, and the applicant is in jail since 18.07.2025. 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 been filed in the present bail application. He further submits that the quantity of Ganja seized from the applicant, is less than the commercial quantity and the applicant has no previous criminal antecedents. 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. 6.341 kg Ganja which has been recovered is less than the commercial quantity, further the applicant has no previous criminal antecedents, further the charge-sheet has been filed and the applicant is in jail since 18.07.2025, 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 - Chandraprabha Goswami involved in Crime No. 333/2025 registered at Police Station – Lalbagh, District - Rajnandgaon (C.G.), for the offence punishable under Section 20(B) 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 4 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 her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 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 her in 5 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