1 2025:CGHC:42463 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6218 of 2025 Ajay Goure @ Boby S/o Shri Kailash Goure Aged About 29 Years R/o J- Block Rotary Nagar, Tatibandh, Police Station, Aamanaka, District- Raipur (C.G.) Presently R/o Block No. 04, House No. 05 Bsup Colony, Jarvay Police Station- Kabeer Nagar, District- Raipur (C.G.) (Ajay Gour Is Wrongly Mention in Certified Copy) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Kabeer Nagar, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-Applicant/State : Mr. Swajeet Singh Ubeja, 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 BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 129/2024, registered at Police Station- Kabeer Nagar, District- Raipur, (C.G.) for the offence punishable under Sections 20-B, 20(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the ‘NDPS Act’). RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The prosecution story in brief, is that on 29.05.2024, Police Station Kabeer Nagar, Raipur, received secret information, pursuant to which a white Venue car bearing registration number CG-04-NB- 7941 was intercepted at Jarvay BSUP Colony, Kabeer Nagar, Raipur. Two persons, namely Azharuddin Quraishi @ Azhar and the present applicant, were found sitting in the said car. A joint seizure of 60.468 kg of cannabis (ganja) was effected from their possession. After recording the memorandum of the accused persons, the police arrested the present applicant along with the other co-accused for the alleged commission of the offence. 3. Learned counsel for the applicant submits that the earlier bail application of another co-accused namely Kanhaiya, being MCRC No. 8779/2024 was rejected by this Court vide order dated 16.12.2024 on merits, against which he preferred a regular bail application before the Hon’ble Apex Court as SLP (Cr.) No. 7841/2025, and the Hon’ble Apex Court granted bail to him. He further submits that in the present case 20 witnesses are to be examined but till date only 07 witnesses have examined and 13 witnesses are yet to testify. He also submits that the present applicant has no criminal antecedents and he is in jail since 29.05.2024. Hence, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that charge-sheet has been filed before the competent Court and the trial is in progress and total 07 prosecution witnesses have been examined. 3 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 earlier bail application of another co-accused namely Kanhaiya, being MCRC No. 8779/2024 was rejected by this Court vide order dated 16.12.2024 on merits, against which he preferred a regular bail application before the Hon’ble Apex Court as SLP (Cr.) No. 7841/2025, and the Hon’ble Apex Court has already been granted bail to him, further so far as the status of the trial is concerned, the charge-sheet has been filed and out of 20 prosecution witnesses, 07 prosecution witnesses have been examined in the case and he is in jail since 29.05.2024 and learned counsel for the applicant undertakes to co-operate with the proceeding of the trial, therefore, this Court is of the view that the applicant is entitled to be released on bail. 7. 7. Let the Applicant – Ajay Goure @ Boby, involved in Crime No. 129/2024, registered at Police Station- Kabeer Nagar, District- Raipur, (C.G.) for the offence punishable under Sections 20-B, 20(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing 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 4 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 her absence, without sufÏcient 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 sufÏcient 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. OfÏce 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 Rahul Dewangan