1 2025:CGHC:61366 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9115 of 2025 Satish Singh Thakur @ Dhannu S/o Late Ramnihor Singh Thakur Aged About 32 Years R/o Surya Chowk, Chingrajpara, Sarkanda, P.S. Sarkanda, Distt. Bilaspur, Chhattisgarh. --- Applicant(s) versus State Of Chhattisgarh Through Sho, Police Station Sarkanda, Distt. Bilaspur, Chhattisgarh. --- Respondent(s) MCRC No. 9219 of 2025 Rajendra Sahu S/o Rajkumar Sahu Aged About 29 Years R/o Chingrajpara, Sarkanda, P.S. Sarkanda, Distt. Bilaspur, Chhattisgarh. ---Applicant(s) Versus State Of Chhattisgarh Through Sho, P.S. Sarkanda, Distt. Bilaspur, Chhattisgarh. --- Respondent(s) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 For Applicant(s) : Ms. M. Asha, Advocate. For Respondent(s) : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/12/2025 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 1058/2025 registered at Police Station Sarkanda, Distt. Bilaspur (C.G.) for the offence punishable under Sections 20(b), 29 of N.D.P.S. Act. 3. Case of the prosecution, in brief, is that on 05.08.2025, on receipt of secret information, the police conducted a search and allegedly seized 1.150 kg of ganja from the possession of the applicant, Rajendra Sahu pursuant to which he was arrested for the alleged offences under Sections 20(b) and 29 of the NDPS Act and the name of applicant, Satish Singh Thakur come into light from the memorandum statement of co-accused persons, during the course of investigation. After completion of investigation, the police filed a charge-sheet against the present applicants and 3 other co-accused persons before the learned trial Court. Hence, the bail application. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicants. She further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. She also submits that from the possession of the applicant, Rajendra Sahu 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, Rajendra Sahu only 1.150 kg Ganja has been seized. She later submits that the applicant, Satish Singh Thakur has four criminal antecedents, out of which, two cases are under the IPC, one is under the Excise and in one case in case Crime No.453/202 under Section 436 of IPC, he was convicted by the trial Court and granted bail by this Court vide order dated 02.11.2023 in CRA No.768/2023 and applicant, Rajendra Sahu has no criminal antecedent, the applicant, Satish Singh Thakur is in jail since 08.09.2025 and applicant, Rajendra Sahu is in jail since 05.08.2025 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicants. 4 5. On the other hand, learned 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 and applicant, Satish Sigh Thakur has four criminal antecedents, out of which, three are under the IPC, one is under the Excise Act. She further submits that from the possession of the applicant, Rajendra Sahu contraband article i.e. 1.150 kg of Ganja is seized and the name of applicant, Satish Singh Thakur has come into light from the memorandum statement of co-accused persons, during the course of investigation, therefore, the present applicants are not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and the fact that the applicant, Rajendra Sahu has no criminal antecedent and applicant, Satish Singh Thakur has four criminal antecedents, out of which, two cases are under the IPC, one is under the Excise and in one case in case Crime No.453/202 under Section 436 of IPC, the applicant has been convicted by the trial Court and granted bail by this Court vide order dated 02.11.2023 in CRA No.768/2023 and the contraband article i.e. 1.150 kg Ganja recovered from the possession of the applicant, Rajendra Sahu is less than the commercial quantity and the 5 name of applicant, Satish Singh Thakur has come into light from the memorandum statement of co-accused persons, further charge-sheet has been filed in the present case before the competent Court, as such, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly, the application is allowed. 9. Let the Applicants - Satish Singh Thakur @ Dhannu and Rajendra Sahu, involved in Crime No. 1058/2025 registered at Police Station Sarkanda, Distt. Bilaspur (C.G.) for the offence punishable under Sections 20(b), 29 of N.D.P.S. Act, be released on bail on their furnishing personal bond with two sureties each 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 him under Section 269 of Bharatiya Nyaya Sanhita. 6 (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. (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. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil