High Court of Chhattisgarh
Case Details
1 2025:CGHC:17650 NAFR VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.21 12:27:59 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2410 of 2025 • Sushil Gond S/o Dinu Gond Aged About 25 Years R/o Village Tendumuda, Pendra Road, Gourela, District- Gourela-Pendra- Marwahi (C.G.) ... Applicant versus • State Of Chhattisgarh Through- Station House Officer, Police Station- Dongripali, District- Sarangarh-Bilaigarh (C.G.) ... Non-applicant For Applicant
Legal Reasoning
: Mr. Prabhat Kumar Saxena, Advocate For State : Mr. Hariom Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 09/2024 registered at Police Station- 2 Dongripali, District- Sarangarh-Bhilaigarh (C.G.), for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substance Act, 1985. 3. Case of the prosecution, in brief, is that on 12/02/2024 that the concerned police station Dongripali received secret information through informant that one Red colour of Honda Dream Yuga vehicle bearing registration No. MP.18-MK-6569 sitting persons and having illegal Contraband Ganja from Birnipali to Baramkela for ready to go. On the basis of such information the concerned police No.167 given Notice to Kiran Yadav in presence of witness and two L witness Uttam Sarthi and Rangmadi Sagar and one Mangaldan was brought in Police station. After some time as per information disclosed by informant one motorcycle was come from Birnipali forest which was red colour Honda Dream Yuga sitting and after seen the Police they left the motorcycle and ran away and entered into forest Gouradih. But the concerned police pursued them and they getting the benefit of forest and plant and ran away from the spot. After search enquiry motorcycle and blue colour of bag they found 05 packet in a plastic tap and received doubtful Ganja and each packet 01-01 Kilogarm total 05 Kilo Gram has been seized from the applicant. Thereafter the concerned police investigated the case and registered the crime for an offence punishable under section 20(B) of Narcotic Drugs & Psychotropic Substances Act. 4. It has been argued by the learned counsel for the applicant 3 submits that the applicant has been falsely implicated in this case and the said contraband article has not been seized from the exclusive possession of the applicant. He further submits that from the possession of the applicant 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 of ganja as prescribed under the schedule is more than 5 kgs and from the possession of the applicant only 05 kg of contraband articles i.e. Ganja has been seized. It is further submitted by the learned counsel for the applicant that the applicant is in jail since 06.03.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State Counsel, appearing for the State/non-applicant would oppose the bail application and submits that in the present case, charge-sheet has been filed before the competent Court further, the contraband article which has been recovered from the possession of the present applicant i.e. 05 kg of Ganja, therefore, the present applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that in the present case, charge-sheet has been filed before the competent Court further, the quantity of contraband article which has been recovered from the possession of the applicant 4 is less than the commercial quantity and he is in jail since 06.03.2025 and the conclusion of trial will take sometime, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant- Sushil Gond, involved in Crime No. 09/2024 registered at Police Station- Dongripali, District- Sarangarh- Bilaigarh (C.G.), for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substance Act, 1985, be released on bail on his furnishing 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 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 5 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 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. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible, from the date of receipt of this order in accordance with law, if there is no legal impediment. 10. Office 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 vaishali