1 2025:CGHC:7335 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1175 of 2025 Smt. Ram Bai Barle W/o Surendra Aged About 85 Years R/o- Titurdih Milan Chowk Durg Police Station Mohan Nagar District- Durg (C.G) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. Mohan Nagar, District – Durg (C.G.) ---- Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate, appearing through video conferencing. For Respondent/State : Mr. UKS Chandel, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 660/2024, registered at Police Station – Mohan Nagar, District – Durg (C.G.) for the offence punishable under Section 20(B) and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story, in brief, is that a secret information was received by the Police of Police Station – Mohan Nagar, District – Durg (C.G.) through the informant and on the basis of such information, the Police RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Date: 2025.02.10 19:06:28 +0530 2 has seized a total of 16.782 Kgs. of Ganja from the possession of the co- accused person and the name of the applicant has come into light from the memorandum statement of the co-accused person. Thereafter, the applicant was arrested by the Police and the aforesaid offence has been registered. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that the charge-sheet has not been filed in this case. It is also submitted that a total of 7 accused persons of same family are involved in the illegal selling of above stated narcotic substances, and the applicant is the grandmother of the co-accused Suman Barle, further the applicant is an old lady aged about 85 years and no such recovery has been made from the possession of the applicant. It is further submitted that there are no any criminal antecedents of the applicants, and they are in jail since 23.12.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 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 case and there are no any criminal antecedents of the applicants. It is submitted that a total of 16.782 Kgs. of Ganja has been seized from the possession of the co-accused person and the name of the applicant has come into light from the memorandum statement of the co-accused person, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 3 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 co-accused person i.e. a total of 16.782 Kgs, which is less than the commercial quantity. Also considering the fact that charge- sheet has not been filed in the present case, further the fact that a total of 7 accused persons of same family are involved in the illegal selling of above stated narcotic substances, and the applicant is the grandmother of the co-accused Suman Barle, further the applicant is an old lady aged about 85 years and no such recovery has been made from the possession of the applicant, the applicant is in jail since 23.12.2024 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant, Smt. Ram Bai Barle involved in Crime No. 660/2024, registered at Police Station – Mohan Nagar, District – Durg (C.G.) for the offence punishable under Section 20(B) and 27(A) of the NDPS Act, 1985, be released on bail on their 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 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 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 4 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 Rajshekhar