1 2025:CGHC:53091 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7656 of 2025 Rakesh Kumar Sahu S/o Sukhdev Sahu Aged About 21 Years R/o Village Lawan, P.S. Lawan, District – Balodabazar. ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, Balodabazar, District - Balodabazar- Bhatapara, C.G. ... Respondent For Applicant : Shri Tanuj Patwardhan, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30/10/2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.489/2025, registered at Police Station – City Kotwali, Balodabazar, District - Balodabazar- Bhatapara, C.G. for the offence punishable under Section 20(b), 29 of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 13/05/2025 acting upon GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.31 20:02:42 +0530 2 secret information that the seized carton were in suspicious condition in Amazon Office, Balodabazar. On being directed to verify the said information Inspector (Revaram Sahu) with his staff reached the spot and found a sealed carton on which ship to Ajay Verma and his address was written. On opening the said cartons, two sealed packets of ganja were recovered, weighted 3.940 Kg. Upon further investigation, it was founded the mobile no. of the accused named present applicant was used in the said delivery and submitted that they were involve in the business of sale and purchase of ganja. On the basis of which the present applicant was arrested by the police of City Kotwali, Balodabazar for the offence punishable under Section 20(b), 29 of Narcotic Drugs and Psychotropic Substances Act. 1985. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicant 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 only 3.940 Kg of Ganja has been seized. It is further submitted that the applicant has three criminal antecedents, out of which two cases are pending and in one case compromise has taken place, applicant is in jail since 12/07/2025 and the 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, the learned counsel for the State opposes the bail 3 application and submits that the charge-sheet has been filed in the present case. She would submit that the applicant has three criminal antecedents which has been explained by filing covering memo. It is submitted that a total of 3.940 Kg of Ganja has been recovered from the possession of the applicant, therefore, this bail application is liable to be rejected. 5. I have 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 Ganja seized from the possession of the applicant i.e. a total of 3.940 Kg, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed, further that the applicant is in jail since 12/07/2025 and 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. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Rakesh Kumar Sahu, involved in Crime No.489/2025, registered at Police Station – City Kotwali, Balodabazar, District - Balodabazar- Bhatapara, C.G. for the offence punishable under Section 20(b), 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, 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 4 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-d Sd/- (Ramesh Sinha) Chief Justice gouri