1 2025:CGHC:53599 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7057 of 2025 1 - Pawan Kumar Shriwas S/o Late Shri Jagmohan Shriwas Aged About 26 Years R/o Ward No. 19, Village- Chilhati, Police Station- Pachpedi, District- Bilaspur (C.G.) 2 - Yaman Prakash Patel S/o Shri Santosh Patel Aged About 23 Years R/o Village- Boidasirli, Police Station - Hardibazar, District- Korba (C.G.) ... Applicants versus State Of Chhattisgarh Through- Station House Office, Police Station- Pateva, District- Mahasamund (C.G.) ... Respondent For Applicants : Shri Shikhar Sharma, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03/11/2025 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.04 15:07:26 +0530 2 grant of regular bail, as they been arrested in connection with Crime No.86/2025, registered at Police Station Pateva, District Mahasamund (C.G.) for the offence punishable under Section 20 (B) Narcotic Drugs & Psychotropic Substance Act. 2. The prosecution story, in brief, is that on 09-06-2025, the police received information from informer that two persons ridding Honda Motorcycle bearing Registration Number CG-04/PN-8841 coming from Sankara and going towards Raipur carrying contraband Ganja in a bag. Upon the said information, the police conducted checking in the National Highway Road and stopped the said motorcycle and upon search found 9 KG contraband Ganja carried by them in total 8 packets wrapped in browner colored tap and also in one polythene bag and cause of which the police arrested the accused persons i.e. present applicants and registered the FIR against them. 3. It has been argued by the learned counsel for the applicant 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 have 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 9 kg contraband article 3 Ganja have been seized. It is further submitted that applicants are in jail since 09/06/2025 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 counsel for the State opposes the bail application and he would submit that charge sheet has been filed in this before the competent court. He would further submit that applicant No.1 has two criminal antecedents one under the Arms Act and the other under the IPC and applicant No.2 has no criminal antecedent and from the possession of the applicants total 9 kg contraband article Ganja have been seized, therefore they are not entitled for grant of bail. 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 possession of the applicants i.e. a total of 9 kg, which is less than the commercial quantity, further the fact that applicant No.1 has two criminal antecedents one under the Arms Act and the other under the IPC and applicant No.2 has no criminal antecedent, charge-sheet has been filed, applicants are in jail since 09/06/2025 and the 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. 4 7. 4 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Pawan Kumar Shriwas & Yaman Prakash Patel, involved in Crime No.86/2025, registered at Police Station Pateva, District Mahasamund (C.G.) for the offence punishable under Section 20 (B) Narcotic Drugs & Psychotropic Substance Act, be released on bail on each of them 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 misuse 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. 5 (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. S Sd/-/- (Ramesh Sinha) Chief Justice gouri