1 2025:CGHC:53116 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7248 of 2025 Ankit Poniya S/o Yaduraj Singh, Aged About 27 Years R/o Madavali Ps Tundala District Firojabad (U.P.) ... Applicant Versus State Of Chhattisgarh Through Station House Officer P.S. Gurur, District Balod (C.G.) ... Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate For Non-applicant : Ms. Supriya Upasne, Government Advocate S.B. : Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 142/2022 registered at Police Station – gurur, District – Balod (C.G.) for the offence punishable under Sections 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that police of Police Station - Gurur, District – Balod (C.G.) received a secret information from the informant and on the basis of said information the Police has conducted raid and seized 40 kg of Ganja, as also the offending Honda City Car bearing registration no. UP 20 BE 0171. Therefore, the alleged offence has been registered against unknown person and during the course of investigation, the applicant was 2 arrested on 23.04.2025. 3. Learned counsel for the applicant submits that the applicant is innocent, he has not committed any offence as alleged. He submits that there is no material available against the applicant and he has been arrested without any specific allegation and evidence available against him. Further, he submits that the applicant was not the owner of the offending vehicle as on the date of incident i.e. 05.03.20222, the insurance has been registered in the name of the original owner namely, Ranjeet in regard to which, the RC Book has been seized from the police authorities. He submits that the police have not submitted any documents regarding transfer of ownership of the offending car in the name of the applicant, therefore, the ownership was of the previous owner namely, Ranjeet. So far as the criminal antecedent is concerned, there is no other criminal antecedent against the applicant. He is in jail since 23.04.2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicants on regular bail. 4. Learned counsel for the State/non-applicant opposes the bail application and submits that the prima facie there is material available against the applicant showcasing to be involved in commission of offence under Sections 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. He further submits that in compliance with this Court's order dated 14.10.2025, whereby the Superintendent of Police, District - Balod, was directed to file personal affidavit indicating the ownership of the vehicle on the date of incident and in this regard, the Superintendent of Police, District - Surguja, has submitted his affidavit stating that during the course of investigation, the memorandum statements of the accused applicant has duly been recorded wherein, the accused applicant has deposed in his memorandum statement that, his cousin Ashish Poniya currently living in Lohia, Nagar, Agra and his maternal uncle's son Pradeep Sachin Chaudhary with him, they left Agra in a Honda city Car bearing No. UP 80 BE 0171 in March 2022 to buy narcotic substance 3 Ganja from Agra to Chhattisgarh. All three of them would bring Ganja from there and sell it in Agra, dividing the profit equally. All three of them reached Kanker, Chhattisgarh where they stayed in a Hotel and he was in the Hotel. 5. He further mentioned in his affidavit that Ashish and Pradeep had left Kanker that night in their Car, stuffing the trunk with Ganja. They claimed it was 40 Kgs worth Rs. 80000/- He gave Ashish his share of Rs. 30000. Ashish was driving and he was sitting next to him. Pradeep was in the back seat. When the Police asked for a trunk check, then Ashish speed off the Car and the Police Vehicle also began chasing them. They crashed into a divider about 10 KM from there. All three of them got out of the car and ran away from the spot. Somehow they managed to reach Raipur from where, they took a bus to Bhopal and then a train to Agra. The Honda City car seized in this case is in his name whose documents have been lost. Applicant, Ashish and Pradeep were all three involved in the smuggling of narcotic substance Ganja. Ashish's mobile and two PAN Cards belonging to his brother Anshu Poniya and mother Manju Devi were left in the car. He was not using any mobile on the day of the incident. After the incident, out of fear, he was continuously using the mobile after changing the SIM. Currently, he was using the mobile of realme company, which was seized by the Police. There is a previous criminal antecedent of the present accused applicant in the State of Uttar Pradesh. The investigation is complete and therefore, considering the seriousness of the offences, the risk of tampering with evidence, and the prima facie material collected, it is submitted that the bail application deserves to be dismissed. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, submission of counsel for the respective parties and furthermore, considering the gravity and seriousness of this case and considering the affidavit submitted by the Superintendent of Police, District – Balod stating that charge-sheet has been 4 filed, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant – Ankit Poniya, involved in Crime No. 142/2022 registered at Police Station - Gurur, District – Balod (C.G.), for the offence punishable 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 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 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 his, 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) 5 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. 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 Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY