1 2025:CGHC:9182 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 865 of 2025 Saroj Harijan S/o Kamal Lachan Harijan Aged About 34 Years R/o Chadaiguda, Post Badhkumari, P.S. Umarkot, District Navrangpur Odisha (As Per Aadhar Card) Saroj Kuldeep S/o Kamal Lachan Kuldeep, Aged About 34 Years, R/o Chadaiguda, Post Badhkumari, P.S. Umarkot, District Navrangpur Odisha (As Per Charge-sheet) ... Applicant versus State of Chhattisgarh Through The Police Station Kondagaon, District Kondagaon Chhattisgarh. ... Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-applicant : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.02.2025 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. 412/2024 registered at Police Station- Kondagaon, District - Kondagaon (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that the police of Police Station Kondagaon, District Kondagaon, (C.G.), received a secret information from the informant and on the said information police RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 conducted a raid and seized total 09 Kgs of contraband Ganja from the joint possession of the co-accused perons namely Mahtab and one Juvenile thereafter on the basis of the memorandum statement of co-accused namely Mahtab, the present applicant has been arrested. Thereafter, offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicant and other co-accused. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. He further submits that the present applicant has only been arrested on the basis of memorandum statement of the co-accused person namely Mahtab. He also submits that contraband article i.e. 15.00 kgs of Ganja was not recovered from the possession of the present applicant, the said contraband article has been recovered from the possession of the co-accused. He further submits that the co- accused person namely Mahtab from whom the said contraband article was recovered has been granted regular bail by this Court in MCRC No. 9123/2024 vide order dated 29.01.2025. He further submits that the present applicant has no criminal antecedents and he is in jail since 06.01.2025. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, learned counsel appearing for State/non- applicant would oppose the bail application of the present applicant and submit that the charge-sheet has already been filed in the present case before the competent Court and also endorse the said 3 submission that the applicant has no criminal antecedent. He also submits that from the possession of the present applicant total 15.00 Kgs of Ganja was seized, therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case that the present applicant has only been arrested on the basis of memorandum statement of the co-accused person namely Mahtab, the said contraband article has been recovered from the possession of the co-accused, further the considering the fact that the co- accused person namely Mahtab from whom the said contraband article was recovered has been granted regular bail by this Court in MCRC No. 9123/2024 vide order dated 29.01.2025, the present applicant has no criminal antecedents and he is in jail since 06.01.2025, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant – Saroj Harijan, involved in Crime No. 412/2024 registered at Police Station- Kondagaon, District - Kondagaon (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 he shall not seek any adjournment on the dates 4 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 sufÏcient 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 sufÏcient 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. OfÏce 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 Rahul Dewangan