1 2025:CGHC:42712 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6628 of 2025 • Keshav Prasad Yadav, S/o Shri Niranjan Yadav, Aged About 29 Years, R/o Village Katghara, Baiskimuda, Thana Lailunga, District Raigarh, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Station House Officer Police Station Lailunga, District : Raigarh, Chhattisgarh ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Kaushal Dewangan, Advocate. For State/Non-applicant : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.08.2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik 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 Lailunga, District Raigarh (C.G.) for the offence under Sections 20(b) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act of 1985’). 2. The prosecution story, in brief, is that a secret information was received by the Police of Police Station – Lailunga, District – Raigarh (C.G.) DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA 2 through the informant and on the basis of such information, the Police has seized a total of 9 Kgs. of Ganja from the possession of the co- accused Gojaram Yadav and on the basis of his memorandum statement, police arrested the present applicant and other co-accused namely Natthu Yadav, after completion of the investigation and the aforesaid offence has been registered against him. 3. Learned counsel for the applicant submits that present applicant is innocent and has been falsely implicated in crime in question. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of co-accused namely Gojaram Yadav, 9 Kg contraband article ‘Ganja’ has been seized and nothing has been seized from the possession of the present applicant, but only on the basis of memorandum statement of co-accused, present applicant has been implicated in crime in question. He further submits that co-accused persons namely; Gojaram Yadav and Natthu Yadav have already been granted bail by this Court in MCRC No.3805/2005 & MCRC No.5842/2025 respectively; vide order dated 27.06.2025 & 25.07.2025 respectively. It is further submitted that there are no any criminal antecedents of the applicant, and he is in jail since 29.03.2025 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 no any criminal antecedents of the applicant, therefore, this bail application is liable to be rejected. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. After hearing the submissions advanced by learned counsel for the parties as well as the fact that nothing has been seized from the possession of the present applicant. Also considering the fact that charge-sheet has been filed. Further considering the fact that co- accused persons namely Gojaram Yadav and Natthu Yadav have already been granted bail by this Court in MCRC No.3805/2005 & MCRC No.5842/2025 respectively; vide order dated 27.06.2025 & 25.07.2025 respectively. Also considering the fact that applicant is in jail since 29.03.2025 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 – Keshav Prasad Yadav, involved in Crime No. 54/2025 registered at Police Station Lailunga, District Raigarh (C.G.) for the offence under Sections 20(b) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing 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 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 4 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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