1 2025:CGHC:60977 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8924 of 2025 Gungun Dewar D/o Arjit Dewar Aged About 19 Years R/o Kukurbeda, Police Station- Saraswati Nagar, Raipur, Tahsil And District- Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Saraswati Nagar, Raipur, District- Raipur (C.G.) ... Respondent For Applicant : Shri Ajeet Kumar Yadav, Advocate. For Respondent/State : Shri Bharat Gulabani, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15/12/2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 244/2025, registered at Police Station – Saraswati Nagar, Raipur, District-Raipur (C.G.) for the offence punishable under Section 20(B) of Narcotic Drugs Psychotropic Substances Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.16 11:49:53 +0530 2 2. The prosecution story, in brief, is that on 11.10.2025, the Police of Police Station, Saraswati Nagar, Raipur received secret information through informant to the effect that the applicant is in possession of cannabis at Science College Hockey Premises. On the basis of said information, the police personnel conducted raid and allegedly recovered 1.393 kg. cannabis from the possession of the applicant and accordingly the applicant has been arrested. 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 1.393 kg of Ganja has been seized. It is further submitted that the applicant is in jail since 11/10/2025 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 application and submits that the charge-sheet has been filed in the present case and there is no criminal antecedents of the applicant. It is submitted that a total of 1.393 kg of Ganja has been recovered from the possession of the applicant, therefore, this bail application is liable to be rejected. 3 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 1.393 kg, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed and there is no criminal antecedents of the applicant and further that the applicant is in jail since 11/10/2025 and the conclusion of the trial is likely to take sometime, therefore 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- Gungun Dewar, involved in Crime No. 244/2025, registered at Police Station – Saraswati Nagar, Raipur, District-Raipur (C.G.) for the offence punishable under Section 20(B) of Narcotic Drugs Psychotropic Substances Act, be released on bail on her 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 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 her under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 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 her 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/- Sd/- (Ramesh Sinha) Chief Justice gouri