1 2025:CGHC:13378 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1615 of 2025 Subodh Sa S/o Late Motilal Sa Aged About 36 Years R/o Village Tapariya P.S. Himgir, District - Sundergarh (Oddisa) ... Applicant versus State Of Chhattisgarh Through - Station House OfÏcer, Chakradhar Nagar, Raigarh, Distt - Raigarh, Chhattisgarh. ... Non-applicant For Applicant : Mr. Manoj Kumar Jaiswal, Advocate For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.03.2025 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 applicant who has been arrested in connection with Crime No. 20/2025 registered at Police Station Chakradhar Nagar Raigarh, District Raigarh (C.G.) for the for the offence punishable under section 20 (B) of N.D.P.S. Act & 111(1) of BNS Act, 2023. 2. The prosecution's case, in brief, is that on 13.01.2025, during patrolling, as per secret information received by the police from 2 the informant that the accused persons had kept narcotic substance and traveling in his motorcycle, upon such information, the concerned police ofÏcials intercepted the said motorcycle and have seized total 7.220 kg of Ganja from the possession of the co- accused. During the investigation, co-accused Rajkumar Sahu was arrested for his involvement in the incident and after taking memorandum statement of the co-accused-Rajkumar, he revealed that he purchased the seized narcotics from an unknown person in Odisha using mobile number 9078398255 for ₹49,000/-. He paid ₹41,500/- through PhonePe linked to his bank account number 340112058321 and the remaining ₹7,500/- in cash was given by accused Kamlesh. The transaction report of accused Rajkumar's bank account number 340112058321 from June 1, 2024, to January 15, 2025, was obtained during the investigation. The report revealed that on January 12, 2025, ₹41,500/- was debited from Rajkumar's account to accused Subodh's account, indicating Subodh's prima facie involvement in the case. On such basis, FIR bearing Crime No. 20/2025 has been registered against the present applicant for the offence punishable under section 20 (B) of N.D.P.S. Act & 111(1) of BNS Act, 2023 and the present applicant has been arrested. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that in this 3 case, the prosecution's story does not provide any prima facie evidence to suggest that the accused is involved in the said business. He also submits that the transfer of money through mobile phone is not a prima facie evidence as it can be related to any other work or business and the co-accused's statement in the memorandum is related to a specific fact, but no contraband article i.e. ganja was seized from the applicant/accused. According to the Indian Evidence Act, the co-accused's confession cannot be used as evidence against him. The accused's crime is different from the other co-accused as no ganja was seized from him and the applicant is in jail since 31.01.2025, 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, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court however, the contraband article which is said to have been recovered from the possession of the co-accused i.e. 7.220 Kgs of Ganja, is less than commercial quantity but from perusal of the case diary, it appears that the involvement of the present applicant appears to be reasonable in this case and the applicant has one criminal antecedent under the IPC of the year 4 2020 as such he is habitual offender, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that the quantity of contraband article which is said to have been recovered from the possession of the co-accused i.e. 7.220 Kgs of Ganja, which is less than commercial quantity and on the basis of memorandum statement of the co-accused, the present applicant has been made accused only because that co-accused has transferred Rs. 41,500/ to the account of the present applicant and also considering the fact that the charge-sheet has been filed in the present case before the competent Court and the applicant has one criminal antecedent under the IPC of the year 2020 and he is in jail since 31.01.2025, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Subodh Sa, in connection with Crime No. 20/2025 registered at Police Station Chakradhar Nagar Raigarh, District Raigarh (C.G.) for the for the offence punishable under section 20 (B) of N.D.P.S. Act & 111(1) of BNS Act, 2023, be released 5 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 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, 6 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice H.Ansari HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.03.22 10:44:26 +0530