1 2025:CGHC:12318 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1376 of 2025 1. Premsingh Rawat S/o Vikram Singh Rawat Aged About 42 Years R/o Priydarshani Colony, Chhindwada, District - Chhindwada, (M.P.) (Father's Name And Age Of Applicant Is Not Mention In The Cause Title Of The Bail Order) 2. Mohan Satankar S/o Kishan Lal Aged About 20 Years R/o Futak Nagar, Chhindwada, District - Chhindwada, (M.P.) (Age Of Applicant Is Not Mention In The Cause Title) ... Applicants versus State Of Chhattisgarh Through - P.S. - Doundi - Lohara, District - Balod, C.G. ... Non-Applicant For Applicants :Mr. Hemant Gupta, Advocate. For Non-Applicant/State :Mr. U.K.S. Chandel, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/03/2025 PREETI KUMARI Digitally signed by PREETI KUMARI 2 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 150/2024 registered at Police Station- Doundi - Lohara, District - Balod (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs Psychotropic Substance Act. 2. Case of the prosecution, in brief, is that on 17-10-2024 on secret information received by the police that one car barring registration no М.Р.-28-CB-1575 (Wrongly mention as M.P.-24-CB-1575), four persons were carrying heavy quantity of contraband 'Ganja'. Up on this information the police have seized such 12.614 KG of 'Ganja' in 6 packets from the in car. And subsequently the applicant has been arrested by the police for commission of the alleged offence, and the F.I.R. has been registered as well, against all four accused. 3. It has been argued by the learned counsel for the applicants that from the possession of the present applicants intermediate quantity of the psychotropic substance Ganja has been seized and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity for Ganja as prescribed under the schedule is more than 20 Kgs. and from the possession of the applicant only 12.614 KG of (Ganja) has been recovered. It is further submitted that the applicants have no previous criminal antecedent and the co-accused, namely, Akash Chauhan has been granted bail by this Court vide order dated 08.01.2025 passed in MCRC No. 65/2025, the copy of the same has been annexed as Annexure A/2 of this bail application. It is also 3 submitted that the charge-sheet has been filed and the applicant is in jail since 17.10.2024, hence he prays that the applicant be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the applicant has one previous criminal antecedents. He further submits that total 12.614 KG of (Ganja), has been seized from the possession of the present applicant, therefore, his bail application is liable to be dismissed. 5. Heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of psychotropic substance Ganja seized from the possession of the applicants is less than commercial quantity, the applicant has one previous criminal antecedent, further the co-accused, namely, Akash Chauhan has been granted bail by this Court vide order dated 08.01.2025 passed in MCRC No. 65/2025, the charge-sheet has been filed and the applicant is in jail since 17.10.2024, 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 without commenting on the merits of the case. 7. Accordingly, the bail application is allowed. Let the applicant Nos. 1 and 2 - Premsingh Rawat and Mohan Satankar involved in Crime No. 150/2024 registered at Police Station- Doundi - Lohara, District - Balod (C.G.), for the offence punishable under Section 4 20(b) of the Narcotic Drugs Psychotropic Substance Act., be released on bail on his furnishing a personal bond with two local sureties each 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, 5 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 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. 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