1 2025:CGHC:53943 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7787 of 2025 1 - Vivek Meena S/o Bharosi Meena, Aged About 20 Years R/o Village - Sumrera, PS- Raghunathpur, District- Sheopur (MP) 2 - Ramkumar Rawat S/o Gopi Rawat Aged About 24 Years R/o Sathaur, PS- Birpur, Distt.- Sheopur (MP) ...Applicants versus State Of Chhattisgarh Through - The PS- Excise Circle, Civil Lines, Distt.- Raipur (C.G.) ... Respondent For Applicants : Shri N. Naha Roy, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04/11/2025 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.83/2025, registered at Police Station – Excise Circle, Civil Lines, Dist.: Raipur GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.06 19:27:46 +0530 2 (CG) for the offence punishable under Section 20(b) of the NDPS Act, 1985. 2. The prosecution story, in brief, is that on 01.07.2025, the police of the Excise Circle, Civil lines, Raipur (CG) after receiving information went to the Express Way Road near the Raipur Railway Station and caught the applicants along with two purple colored trolly bag containing 12 packets weighing 12.960 kgs of the contraband namely: Cannabis. 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 only 12.960 kg contraband article Ganja has been seized. It is further submitted that applicants are in jail since 01/07/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned State Counsel, appearing for the State/non- applicant would oppose the bail application and submit that the charge- sheet has been filed in the present case before the competent Court. He would submit that the applicants have no criminal antecedents and from the joint possession of the applicants contraband article i.e. 3 12.960 kg of Ganja is seized, therefore, the present applicants are not entitled for grant of bail. 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, submission of learned counsel for the parties as well as considering the quantity of Ganja seized from the possession of the applicants i.e. a total of 12.960 kg which is less than the commercial quantity, further the applicants have no criminal antecedents, also considering the fact that charge-sheet has been filed, further that the applicants are in jail since 01/07/2025 and conclusion of the trial is likely to take sometime, therefore I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Vivek Meena & Ramkumar Rawat, involved in Crime No.83/2025, registered at Police Station – Excise Circle, Civil Lines, Dist.: Raipur (CG) for the offence punishable under Section 20(b) of the NDPS Act, 1985, be released on bail on each of them furnishing a personal bond with two local 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 4 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, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SSd/- Sd/- (Ramesh Sinha) Chief Justice gouri