1 2025:CGHC:13870 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1078 of 2025 1 - Dhanraj Pawar S/o Raju Pawar Aged About 26 Years R/o Nandai Chowk Rajnandgaon, Police Station Basantpur, District Rajnandgaon, Chhattisgarh. 2 - Mohammad Irfan Khan S/o Abdul Rahman Aged About 28 Years R/o Ward No. 14, Station Para, Police Station City Kotwali, District Rajnandgaon, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Station House OfÏcer, Police of Police Station- Pipariya, District Kabirdham, Chhattisgarh. ... Non-applicant For Applicant : Mr. Pramod Ramteke, Advocate. For Non-applicant : Mr. S.S. Baghel, Deputy Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.03.2025 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 applicants who have been arrested in connection with Crime No. 10/2025 registered at Police Station- Pipariya, District Kabirdham (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. Case of the prosecution, in brief is that the police of Police Station Pipariya, District Kabirdham, (C.G.), received a secret information from the informant and on the said information police conducted a raid and seized total 6 Kg and 320 grams of contraband Ganja from the joint possession of the present applicants. Thereafter, offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicants. 3. Learned counsel for the applicants submits that the present applicants are innocent and have been falsely implicated in the present case. He also submits that contraband article i.e. 6 kg 320 grams of Ganja was not recovered from the possession of the present applicants. He further submits that the other co-accused person namely Nikhil Sonwani has been granted regular bail by this Court in MCRC No. 2244/2025 vide order dated 21.03.2025. He further submits that the present applicants have no criminal antecedents and they are in jail since 07.01.2025. Therefore, he submits that the present applicants are 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 applicants and submit that the charge-sheet has already been filed in the present case before the competent Court and also endorse the said submission that the applicants have no criminal antecedent. He also submits that from the possession of the present applicants total 6 kg and 320 grams of Ganja was seized, therefore, 3 the present applicants are 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 though the the contraband article i.e. 06 kg 320 grams Ganja has been recovered from the joint possession of the present applicants, but the said contraband article which is recovered from the joint possession of the present applicant is less than commercial quantity and he other co-accused person namely Nikhil Sonwani has been granted regular bail by this Court in MCRC No. 2244/2025 vide order dated 21.03.2025, the present applicants have no criminal antecedents and they are in jail since 07.01.2025, therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. 7. Let the Applicants – Dhanraj Pawar and Mohammad Irfan Khan, involved in Crime No. 10/2025 registered at Police Station- Pipariya, District Kabirdham (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 applicants shall file an undertaking to the effect that they 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. 4 (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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 applicants are 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 them 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