1 2025:CGHC:53951 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7762 of 2025 Rakesh Sahu Alias Rahul S/o Shri Bhagirathi Sahu Aged About 22 Years R/o Village - Bhedimuda, P.S. And Tahsil - Lailunga, At Present - Chandmari, Mahesh Ke Kiraya Makan, PS City Kotwali, Distt. Raigarh Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station - Sariya, Distt. Sarangarh Bilaigarh Chhattisgarh ... Non-applicant For Applicant : Mr. Manoj Kumar Sinha, Advocate. For Non-applicant/State : Mr. Nitansh Kumar Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.11.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 175/2025 registered at Police Station Sariya, District Sarangarh-Bilaigarh (C.G.) for the offence under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, on 04.08.2025, information was received by the informant that some persons from Odisha were coming on a blue- coloured TVS Jupiter Scooty to sell illegal contraband (Ganja). Acting ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.04 18:37:49 +0530 2 upon the information, the police reached the spot and apprehended the co-accused, namely Digambar Sidar and Shubham Bareth, who were travelling from Ambabhawna, Odisha, towards Khairgadi Nala, Raigarh. Upon search, the police recovered 5 packets of Ganja weighing 11.575 kg, concealed in a plastic bag kept in the Scooty. During interrogation, the co-accused alleged that the said contraband had been brought by the present Applicant. That thereafter, on the basis of the said disclosure, the Applicant was taken into custody and arrested, and an offence under Section 20(b) of the NDPS Act was registered against him by Sariya Police. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the co-accused, namely Digambar Sidar and Shubham Bareth intermediate quantity of Ganja was 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 said co- accused 11.575 kgs of Ganja was seized. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedents and he is in jail since 05.08.2025 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non-applicant opposed the bail application and submitted that the charge sheet has already been filed before the competent Court. He also endorsed the submission that the applicant has no criminal antecedents. However, he 3 further submitted that the co-accused, Digambar Sidar and Shubham Bareth, were apprehended while transporting 11.575 kgs of contraband (Ganja), and during interrogation, they alleged that the said contraband had been supplied by the present applicant. Therefore, the applicant is not entitled to the grant of regular bail in the present case. 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 contraband article i.e. 11.575 Kgs of Ganja was recovered from the possession of the co-accused, Digambar Sidar and Shubham Bareth, which is less than commercial quantity. Moreover, the present applicant has no criminal antecedents. Also considering the fact that the charge- sheet has been filed in the present case before the competent Court and the applicant is in jail since 05.08.2025, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Rakesh Sahu Alias Rahul, involved in Crime No. 175/2025 registered at Police Station Sariya, District Sarangarh- Bilaigarh (C.G.) for the offence under Sections 20(B) 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 open for the trial court to treat it as abuse of liberty of bail and pass orders 4 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 sufÏcient cause, the trial court may proceed against his 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. - Sd/- (Ramesh Sinha) Chief Justice Abhishek