1 2025:CGHC:55219 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8002 of 2025 Shailendra Pandey S/o Radhe Krishna Pandey Aged About 24 Years R/o Titurdih Nayapara Durg Mesharam Bhawan Police Station Mohan Nagar District - Durg Chhattisgarh (Cause Title Is Not Properly Mentioned In Copy Of Impugned Order And Correct Details Is Mentioned As Per Chargesheet) ... Applicant Versus State Of Chhattisgarh Through Station House Officer, P.S. Mohan Nagar, District - Durg Chhattisgarh ... Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate For Non-applicant : Ms. Vaishali Mahilong, Panel Lawyer SB : 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 applicant has been arrested in connection with Crime No. 660/2024 registered at Police Station – Mohan Nagar, District – Durg (C.G.), for the offence punishable under Sections 20 (B), 27 (A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution's story in brief is that, on 23.12.2024, the police authorities of Police Station – Mohan Nagar, District – Durg, received a secret information from an informant and on the basis of the said information, 2 conducted a raid and seized 16.782 grams of Ganja and cash worth Rs. 68,000- 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 applicant that the applicant has been falsely implicated in this case and the said article i.e. 16.782 grams of Ganja is less than the commercial quantity. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedent against the applicant. Further, the similarly situated co-accused persons have been enlarged on bail vide order dated 25.07.2025 by this Court in M.Cr.C. No. 4802/2025. He is in jail since 23.12.2025 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 been submitted before the competent Court in the present case. However, she submits that the applicant is having four criminal antecedents (02 antecedents under the Excise Act, 1915 and 02 antecedents under the BNS, 2023). However, she do not dispute the submission of counsel for the applicant that the co- accused persons have been enlarged on bail by this Court. Hence, she prays that the applicant shall not be enlarged on bail. 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. 16.782 grams of Ganja was recovered from the joint possession of the present applicant and the co-accused persons, which is less than commercial quantity. Moreover, the fact that similarly situated co-accused persons have been enlarged on bail by this Court vide order dated 25.07.2025 in M.Cr.C. No. 4802/2025. Also considering the fact that the applicant is in jail since 23.12.2024, conclusion of the trial may take some 3 time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Shailendra Pandey, involved in Crime No. 660/2024 registered at Police Station – Mohan Nagar, District – Durg (C.G.), for the offence punishable under Sections 20 (B), 27 (A) 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 4 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 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