Nafr High Court
Case Details
1 2025:CGHC:20268 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2385 of 2025 Anjan Bhaisa @ Neelu S/o Thala Bhaisa Aged About 30 Years R/o (Village) Kukrimuda, Police Station Buden, District Bargarh, Odisha ... Applicant versus State of Chhattisgarh Through The Sho, Police Station Kasdol, District Balodabazar-Bhatapara, Chhattisgarh ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Siddharth Pandey, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice 02.05 .202 5 Order on Board 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. 71/2025, registered at Police Station – Kasdol, District Balodabazar-Bhataparar (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story, in brief, is that on 28.01.2025, the ASI, Police RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Station Kasdol got a tip-off from the informant that from Village Katgi, two persons were carrying the contraband/Ganja in a plastic sack in TVS motorcycle bearing No. CG 22 H 6292. Near Jaitkham Chowk, Kasdok, the bikers were stopped and inquired who apprised their names as Pramod Kumar Bandhe, S/o Chaindas, and Premshankar Bandhe, S/o Chaindas. The plastic sack was opened and 4 Kgs of contraband Ganja was found. The applicant was found involved in the sale-purchase of the alleged contraband Ganja. On such a basis, the applicant was roped in the offence. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicant only 4 Kgs of contraband Ganja has been seized. He further submits that the co-accused persons, namely, Tokesh Sahu, Dipeshwar Bhoi, Pramod Kumar Bandhe and Premshankar Bandhe have been granted bail by this Court vide orders dated 20.03.2025 and 17.04.2025 passed in MCRC No. 1704/2025, 1796/2025, 2386/2025 and 2413/23025 respectively. It is further submitted that there is no previous criminal antecedents of the applicant and he is in jail since 30.01.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant has two previous criminal antecedents in the State of Odisha. It is submitted that a total quantity of 4 Kgs of contraband Ganja has been recovered from the 5. 6. 3 possession of the applicant, therefore, this bail application is liable to be rejected. I have heard learned counsel for the parties and perused the material available on record. After hearing the submissions advanced by learned counsel for the parties and considering the fact that though the learned State counsel has pointed out that the applicant has two previous criminal antecedents in the State of Odisha, but considering the fact that the co-accused persons, namely, Tokesh Sahu, Dipeshwar Bhoi, Pramod Kumar Bandhe and Premshankar Bandhe have been granted bail by this Court vide orders dated 20.03.2025 and 17.04.2025 passed in MCRC Nos. 1704/2025, 1796/2025, 2386/2025 and 2413/23025 respectively, further the charge-sheet has been filed and the applicant is in jail since 30.01.2025 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. Accordingly, the bail application is allowed. Let the applicant - Anjan Bhaisa @ Neelu involved in Crime No. 71/2025, registered at Police Station – Kasdol, District - Balodabazar-Bhataparar (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, be released on bail on his furnishing a 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 4 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. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the date of receipt of a certified copy of this order, 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. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan