Nafr High Court
Case Details
1 2025:CGHC:2472 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 366 of 2025 Saudagar Kumbhar S/o Sapura Kumbhar Aged About 26 Years R/o Village - Kutmunda, Tehsil - Patnagarh, Police Station - Patnagarh, District - Balangir, Odisha Pin – 767041. versus ... Applicant Government of India Through Inspector, Narcotics Control Bureau, Zonal Unit Raipur, Having Its OfÏce at ‘D’ Wing, Third Floor, Central Secretariat Building, Sector-24, Atal Nagar, Naya Raipur District - Raipur Chhattisgarh. ... Non-applicant For Applicant
Legal Reasoning
: Mr. Anmol Sharma, Advocate. For Non-applicant : Mr. Ramakant Mishra, Deputy Solicitor General Hon'ble Shri Ramesh Sinha , Chief Justice 15.01.2025 Order on Board 1. This is the first bail application filed under Section 483 of the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.16 11:13:11 +0530 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 02/2024 registered at Police Station- Narcotics Control Bureau, Zonal Unit Raipur, District - Raipur (C.G.) for the offence under Sections 8/20 Read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that on 04.09.2024, the NCB 2 Raipur Authorities received an ofÏce order directing the ofÏcials to conduct search operations in General and Sleeper Coach of Puri- Durg Express Train from Raipur Junction to Durg Junction. During the search operation at Durg Junction one suspected namely, Saudagar Kumbhar was travelling in S-4 Coach of the train and during search of the accused person police authorities seized Ganja weighing about 11.670 Kgs of contraband Ganja from the possession of the present applicant. Thereafter, offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. He submits that on the date of incident the present applicant was travelling from Odisha and the bag containing psychotropic substance does not belong to him and some other persons might have kept the bag below the berth on which the present applicant was sitting. He further submits that the present applicant has no criminal antecedents and he is in jail since 04.09.2024. He further submits that the other co-accused person, namely, Kshemraj Mehar, in MCRC No. 8260/2024 vide order dated 20.12.2024, has already been granted regular bail by this Court. 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 UOI/non- 3 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 submission that the applicant has no criminal antecedent. He also submits that from the possession of the present applicant total 11.670 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 no criminal antecedent and the contraband article i.e. 11.670 kgs of Ganja was recovered from the possession of the present applicant which is less than the commercial quantity and the charge - sheet has already been submitted in the present case before the competent Court and he is in jail since 04.09.2024 and further the fact that co-accused person, namely, Kshemraj Mehar, in MCRC No. 8260/2024 vide order dated 20.12.2024, has already been granted regular bail by this Court, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Saudagar Kumbhar, involved in Crime No. 02/2024 registered at Police Station- Narcotics Control Bureau, Zonal Unit Raipur, District - Raipur (C.G.) for the offence under 4 Sections 8/20 Read with Section 29 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 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. 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Rahul Dewangan Sd/- (Ramesh Sinha) Chief Justice