1 2025:CGHC:50078 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6721 of 2025 Toshan Kumar Paikra S/o Balak Ram Paikra Aged About 25 Years R/o Madhuban Namjhor, P.S. Bagbahar, District- Jashpur Chhattisgarh At Present R/o Chandmari Raigarh, P.S. City Kotwali, District- Raigarh, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station- Baramkela, District- Sarangarh-Bilaigarh (C.G.) ... Non-Applicant For Applicant : Mr. Ashok Dixit and Ms. Nirmala Denjare, Advocate. For Non-Applicant/State : Mr. Soumya Rai, 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. 54/2025 registered at Police Station - Baramkela, District- Sarangarh-Bilaigarh (C.G.), for the offence punishable under Section PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.09 10:57:34 +0530 2 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, in brief, the concerned police station at Baramkela received secret information through an informant that on 31.01.2025, an unknown person was transporting illegal contraband Ganja on a TVS Jupiter vehicle for the purpose of sale. Acting on this information, the police seized 15.190 kg of contraband Ganja from an open place at the spot of the incident. As a result, an offence punishable under Section 20-B of the NDPS Act was registered against another accused person. The present applicant was arrested later, on 13.05.2025, solely on the basis of a memorandum statement 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 and only on the basis of merely suspicion of incident place, the applicant has wrongly been involved in connection of this crime, but the police authority did not investigate the matter properly. It is also submitted that the applicant has no previous criminal antecedents. The charge-sheet has already been filed, and the applicant is in jail since 13.05.2025. 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 3 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. 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 13.05.2025, 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 - Toshan Kumar Paikra involved in Crime No. 54/2025 registered at Police Station - Baramkela, District- Sarangarh-Bilaigarh (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 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 4 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 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