1 2025:CGHC:42486 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5750 of 2025 • Tokdu Madi S/o Sukalu Madi, Aged About 39 Years R/o Village Budadi, Post Tandaki, P.S. Malkangiri, District Malkangiri - Orissa ... Applicant versus • State Of Chhattisgarh Through P.S. Sukma, District Sukma (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Vartika Vaishnav, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/08/2025 1. This is 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 applicant who has been arrested in connection with Crime No.119/2024 registered at Police Station Sukma, District-Sukma (C.G.) under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 13.12.2024 an information was received by the informant that one person from Orissa is traveling to Sukma on motorcycle carrying ganja and upon VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.22 18:43:49 +0530 2 receiving the information by the police of police station Sukma they intercepted the motorcycle and it is alleged that on the motorcycle in green plastic gunny bag 5 packets of contraband weighing 11kg 600gms of ganja was seized from the possession of the plastice bag carried by the applicant. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He 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. It is further submitted by the learned counsel for the applicant submits that he has no criminal antecedents and he is in jail since 13.12.2024 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. 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 also endorse the said submission that the applicant resident of State of Orissa and he has no criminal antecedent. He further submits that 11kg 600gms is seized from the joint possession, therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the applicant has no criminal antecedent and charge-sheet has been filed and applicant is in jail since 13.12.2024, the trial is likely 3 to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case 7. Let the Applicant – Tokdu Madi, involved in Crime No.119/2024 registered at Police Station Sukma, District-Sukma (C.G.) under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on their furnishing personal bond with two local 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 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 4 open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali