1 2025:CGHC:55228 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8061 of 2025 • Chandan Singh S/o Gangasingh Aged About 33 Years R/o Gandhi Nagar, Raipur, Police Station Civil Line, Raipur, District Raipur C.G. ... Applicant versus • State of Chhattisgarh Through The S H O Police Station Bhatapara City, District Balodabazar-Bhatapara, C.G. …. Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Siddharth Pandey, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 338/2025, registered at Police Station – Bhatapara City, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story, in brief, is that on 08.06.2025, the ASI of the Police Station Bhatapara City got a secret information from the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.13 18:45:48 +0530 2 informant to the effect that two people came to Bhatapara from Odisha through Jodhpur Superfast Express train via Raipur and have kept Ganja in a bag and trolley suitcase and for the disposal of the same, were proceeding towards Hanuman Mandir under Bridge Bhatapara. On the basis of such information, the Police seized a total of 17.280 kg. of Ganja from the possession of the co-accused Shiba Rayta. On being questioned, the co-accused named the present applicant in his memorandum statement and further stated that the co-accused Seema Mamu had given Ganja to him and Pipan Nayak (another co-accused). Thereafter, the applicant was arrested by the Police and the aforesaid offence was registered. 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 submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicant 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 applicant only 17.280 Kgs of Ganja has been seized. It is further submitted that there is no criminal antecedents of the applicant, and he is in jail since 03.08.2025, co-accused person has already been granted bail by this Court in MCRC No.6642 of 2025 vide order dated 22.09.2025 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 are six criminal antecedents of the applicant. 3 It is submitted that a total of 17.280 Kgs of Ganja has been recovered from the joint possession of the applicant, 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. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Ganja seized from the joint possession of the applicant i.e. a total of 17.280 Kgs, which is less than the commercial quantity. Also considering the fact that co- accused person has also been granted bail by this Court in MCRC No.6642 of 2025 vide order dated 22.09.2025, charge-sheet has been filed, and further that the applicant is in jail since 03.08.2025 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. Let the applicant, Chandan Singh involved in Crime No.338/2025, registered at Police Station – Bhatapara City, District – Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, 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 4 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 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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 9. 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 vaishali