1 2025:CGHC:5307 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 807 of 2025 Jalesh Dewar S/o Shivsingh @ Ide Dewar Aged About 50 Years R/o Dewar Para, Adarsh Nagar, Kawardha, Police Station - Kawardha, District - Kabirdham (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station - Kawardha, District - Kabirdham (C.G.) ... Non-Applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/01/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 693/2024 registered at Police Station- Kawardha, District - Kabirdham (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs Psychotropic Substance Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.30 18:52:43 +0530 2 2. Case of the prosecution, in brief, is that on 11.11.2024 the police of Police Station Kawardha received a secret information that two persons are transporting Ganja by a blue colour Tata Act vehicle bearing registration No. CG-09-JF-0595. On the basis of information the police party conducted an inspection near Gurukul situated at Kawardha- Rajnandgaon Road whereby on the basis of raid, the co-accused persons were found to be in possession of 14.270 kg Ganja. The The aforesaid articles were seize, offence was registered, samples were withdrawn from the article, accused persons were arrested, statements of the witnesses were recorded and on the basis of memorandum statement the present applicant was implicated in crime in question, The present applicant filed an application for grant of anticipatory bail before the learned Sessions Judge which was rejected and thereafter the present applicant surrender himself on 01.01.2025 and since then he is in jail but charge-sheet has not been filed and matter is further being investigated by the police of Police Station Kawardha, District - Kabirdham (C.G.). 3. It has been argued by the learned counsel for the applicant that the present applicant is innocent and has been falsely implicated in the aforesaid case. It is further submitted that the name of the applicant came into light from the memorandum statement of the co-accused, namely, Kamlesh Kumar Dhruve and Pardeshi Sahu from whom contraband article have been recovered, which is less than commercial quantity and there is no recovery was made from the present applicant. It is also submitted that the co-accused persons, namely, Kamlesh Kumar Dhurve, Dashrath Kumar Jaiswal, Ramji @ Chhotelal Jaiswal and Annpurna @ Arush Sahu have already been granted bail by this 3 Court vide order dated 22.01.2025 passed in MCRC Nos. 8367/2024, 415/2025, 494/2025 and 615/2025 respectively, further the applicant has one previous criminal antecedents in which he has been acquitted, the charge-sheet has been filed and the trial is in progress, the applicant is in jail since 03.01.2025, hence he prays that the applicant be enlarged on bail. 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 before the competent Court and also endorse the said submission advanced by the learned counsel for the applicant, further there is no previous criminal antecedents of the applicant, therefore, his bail application is liable to be dismissed. 5. 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 psychotropic substance i.e. 14.270 Kgs Ganja was seized from the joint possession of the accused persons, namely, Annpurna and Kamlesh and after recorded their memorandum statement some other accused persons have been made accused, from whom no contraband article (Ganja) has been recovered and further the quantity of contraband article which is said to have been recovered from the joint possession of said two accused persons, is less than commercial quantity, the applicant has no criminal antecedents, further the charge-sheet has been filed and the applicant is in jail since 03.01.2025, 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 without commenting on the merits of the 4 case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant, Jalesh Dewar involved in Crime No. 693/2024 registered at Police Station- Kawardha, District - Kabirdham (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs Psychotropic Substance Act, be released on bail on his furnishing a 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 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 5 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 Preeti