1 2025:CGHC:61180 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7837 of 2025 Anup Kumar Tomar S/o Ranjit Singh Aged About 22 Years R/o Village- Jagrupanagara, Police Station - Surir, District- Mathura (Uttar Pradesh) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station- Dongripali, District- Sarangarh-Bilaigarh (C.G.) ... Non-Applicant For Applicant : Mr. Dashrath Prajapati, Advocate. For Non-Applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.12.2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 37/2025 registered at Police Station - Dongripali, District- Sarangarh-Bilaigarh (C.G.), for the offence punishable under Sections 20 (B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution case, on 06.09.2025, the police received information from the informant and thereafter conducted a raid, during which 4.40 kg of a contraband article was recovered from the illegal possession of the applicant and the co-accused, namely Totira Jatav. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.16 18:02:01 +0530 2 Thereafter, the applicant and the co-accused were arrested for the offence under Sections 20-B and 29 of the NDPS Act. 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 further submitted that the alleged contraband article was not found in exclusive possession from the applicant, the alleged contraband article recovered from the possession of the co-accused. It is also submitted that the applicant has no previous criminal antecedents. The charge-sheet has not been filed, and the applicant is in jail since 07.09.2025. Hence, it is prayed that the applicant may be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has not been filed in the present bail application. He further submits that contraband article i.e. 4.40 kg of a contraband article was recovered from the illegal possession of the applicant and the co-accused, which is less than the commercial quantity. He also submits that the applicant has no previous criminal antecedents from the State of Uttar Pradesh. 5. I have Heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact the quantity of contraband article i.e. Ganja which has been recovered, is less than a commercial quantity, further the applicant has no previous criminal antecedents from the State of Uttar Pradesh, and the applicant is in jail since 07.09.2025, the conclusion of the trial is likely to take sometime, this Court is of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let applicant - 3 Anup Kumar Tomar involved in Crime No. 37/2025 registered at Police Station - Dongripali, District- Sarangarh-Bilaigarh (C.G.), for the offence punishable under Sections 20 (B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on their furnishing a 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 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 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 4 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. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti