1 2025:CGHC:20522 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3439 of 2025 1. Sameer Kumar S/o Lekhram Aged About 19 Years R/o Ward No. 04 Ameradih, P.S. Malkharauda, District Sakti (C.G.) (Correctly Mentioned) 2. Chitrabasu S/o Prahlad Khute Aged About 20 Years R/o Navagaon Ward No. 09, P.S. Malkharauda, District Sakti (C.G.) (Correctly Mentioned) ... Applicant versus State of Chhattisgarh Through The Police Station Dongripali, District Sarangarh Bilaigarh (C.G.) ... Non-Applicant For Applicant : Mr. Ankit Singh, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.05.2025 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 12/2025, registered at Police Station – Dongripali, District - Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.06 11:03:45 +0530 2 2. The prosecution story, in brief, is that on 27.03.2025 the Police of Dongripali, District - Sarangarh-Bilaigarh (C.G.) has been seized contraband Ganja 07 Kgs from the possession of present applicants from his two wheeler scooter, thereafter, Police proceeded with the investigation and found that the vehicle belongs to applicant No. 1 and he admitted that the contraband Ganja belong to him and applicant No. 2 and then, the Police has registered crime under the NDPS Act. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicants intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the applicants 07 Kgs Ganja has been seized. It is further submitted that there is no previous criminal antecedents and they are in jail since 08.04.2025 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 counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there is no previous criminal antecedent of the applicants. It is submitted that a total quantity of 07 Kgs of Ganja has been recovered from the possession of the applicants, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 3 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Ganja seized from the possession of the applicants i.e. a total quantity of 07 Kgs Kgs, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed and there is no previous criminal antecedents of the applicants, and further, that the applicants are in jail since 08.04.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant Nos. 1 and 2 - Sameer Kumar and Chitrabasu respectively involved in Crime No. 12/2025, registered at Police Station – Dongripali, District - Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Ac, 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, 4 proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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