Khemlal @ Shiva Sonkar S/o Narayan Sonkar Aged About 24 Years R/o Bhavani Nagar v. (C.G.) ... Non
Case Details
1 2025:CGHC:25444 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2613 of 2025 Khemlal @ Shiva Sonkar S/o Narayan Sonkar Aged About 24 Years R/o Bhavani Nagar, Simga P.S. Simga Distt. Balodabazar, Bhatapara (C.G.) ... Applicant State Of Chhattisgarh Through P.S. Simga, District Balodabazar Bhatapara versus (C.G.) ... Non-Applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.19 17:19:49 +0530 For Applicant
Legal Reasoning
: Mr. Pragalbha Sharma, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice 1 8.06.2025 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. 18/2025, registered at Police Station – Simga, District - Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story, in brief, is that on 09.01.2025, the Police of Police Station Simga received a secret information from the informant, that the 2 co-accued Chandni Banjare is in possession of narcotic drugs substance, thereafter, Police raid the premises of her house and seized 26 grams of Spasmo-Proxyvon Plus and 35 grams of Nitrosun from the possession of co-accused. Hence, the FIR. 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 intermediate quantity of the psychotropic substance has been seized, which is more than the small and less than the commercial quantity. It is further submitted that the applicant has four previous criminal antecedents, two are under the Excise Act in which he is on bail and two cases are under the BNS. He further submits that applicant is in jail since 03.03.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 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 and there are five previous criminal antecedents of the applicant. It is submitted that a total quantity of 26 grams of Spasmo- Proxyvon Plus and 35 grams of Nitrosun has been recovered from the possession of the applicant, therefore, this bail application is liable to be rejected. 5. 6. 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 as well as considering the quantity of psychotropic substance 3 seized from the possession of the applicant, which is more than the small and less than the commercial quantity, also considering the fact that charge-sheet has been filed and the applicant has four previous criminal antecedents, two are under the Excise Act in which he is on bail and two cases are under the BNS, and further, that the applicant is in jail since 03.03.2025 and the case of the present applicant is different from the case of co-accused person, namely, Chandni Banjare who has also filed bail application bearing MCRC No. 4598 of 2025 which is listed today and the same is rejected as she is having three criminal antecedents under the NDPS Act and all are pending, 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, Khemlal @ Shiva Sonkar involved in Crime No. 18/2025, registered at Police Station – Simga, District - Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 21(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 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. 4 (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 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. 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. 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