1 2025:CGHC:57005 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9523 of 2025 Vinod Nageshiya S/o Bahadur Nageshiya Aged About 24 Years R/o Village- Rajendrapur, Beejpara Police Station Semaripath District Balrampur Ramanujganj (C.G.) ...Applicant versus State Of Chhattisgarh Through Police Station Semaripath District Balrampur Ramanujganj (C.G.) ...Non-applicant For Applicant : Ms. Uma Patre, Advocate. For Non-applicant/State : Mr. S.S. Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.11.2025 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. 75/2025 registered at Police Station – Semaripath District - Balrampur Ramanujganj (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.25 11:05:00 +0530 2 2. The prosecution story, in brief, is that the Police had received secret information on 07.09.2025 to the effect that Vinod Nageshiya has planted ganja plant in his corn badi when they reached spot they have given notice under section 50 of NDPS to the accused and when they searched they found and seized 12 Pcs. Ganja plant in his courtyard total weight 8.340 KG, then crime was registered against the applicant. 3. The applicant has been falsely implicated in the present offence, and he has neither committed nor participated in the alleged crime. She further submits that the police have not followed the mandatory procedure prescribed under the N.D.P.S. Act. It is further submitted that no contraband substance was seized from the exclusive possession of the applicant, nor has he ever planted any ganja plant in his courtyard or used or consumed any such alleged article. The applicant is the sole breadwinner of his family, and his continued detention is causing financial hardship and may result in starvation of the entire family. Considering the facts and circumstances of the case, the alleged offence is not made out against the applicant. The applicant has been in judicial custody since 07.09.2025 therefore, she prays for grant of regular bail 4. On the other hand, learned counsel appearing for the State/non- applicant. He further submits that from the possession of the applicant contraband article i.e. 8.340 Kgs of Ganja was seized and applicant, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, it is noted that the contraband article, i.e. 8.340 kgs of Ganja, was recovered from the possession of the applicant, which is less than the commercial quantity, and that the 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 that the applicant has been in jail since 07.09.2025, and the conclusion of the trial may take some time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Vinod Nageshiya involved in Crime No. 75/2025 registered at Police Station – Semaripath District - Balrampur Ramanujganj (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two local 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 she 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 her 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 4 the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, 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. - Sd/- (Ramesh Sinha) Chief Justice vaibhav