1 - Sachin Dewangan Alias Pappu S/o Dev Prasad Dewangan Aged About 44 Years v. 1 - State of Chhattisgarh Through Office In Charge Police Station- Nagarnaar, District- Bastar
Case Details
1 2025:CGHC:22438 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4185 of 2025 1 - Sachin Dewangan Alias Pappu S/o Dev Prasad Dewangan Aged About 44 Years R/o 17/k, Shiv Mandir Gali, Bhagat Singh Ward No. 6, Jagdalpur, District- Bastar, Chhattisgarh. ... Applicant(s) versus 1 - State of Chhattisgarh Through Office In Charge Police Station- Nagarnaar, District- Bastar, Chhattisgarh. ... Non-applicant(s) For Applicant(s)
Legal Reasoning
:Mr. Vikram Sharma, Advocate. For Non-applicant(s) :Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/05/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 204/2024 registered at Police Station Nagarnar, District - Baster (C.G.), for the offence under Section 20(b) of the Narcotic 2 Drugs and Psychotropic Substances Act, 1985. 2. According to the prosecution story, on 11.11.2024, the Nagarnar police station received secret information from an informant that unknown persons had stored illegal contraband (ganja) in their Honda motorcycle. The police seized 6.694 kg of ganja from the incident location from the joint possession of co-accused, an open area. Consequently, an offense punishable under Section 20(b) of the NDPS Act was registered against other accused persons. The applicants were arrested on the same day based solely on a memorandum statement. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicant intermediate quantity of Ganja was 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 20 Kgs and from the place of the incident only 6.694 kgs of Ganja was seized. It is further submitted by the learned counsel for the applicant that the applicant is having four criminal antecedents, out of which one offence under the IPC was compromised between the parties, in another offence under the Excise Act, he has acquitted and rest of two antecedents under the Gambling Act, fine has been imposed 3 upon the applicant. However, inadvertently, he has mentioned in the bail application that the applicant has been acquitted in all the cases and further submits that the applicant is in jail since 08.01.2025 and 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, learned counsel appearing for the State/non- 5. 6. applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicant is having four criminal antecedents. He further submits that from the possession of the applicant contraband article i.e. 6.694 Kgs of Ganja was seized, therefore, the present applicant is not entitled for grant of bail. I have heard learned counsel appearing for the parties and perused the case diary. Taking into consideration the facts and circumstances of the case that the contraband article i.e. 6.694 Kgs of Ganja was recovered from the possession of the applicant, which is less than commercial quantity, moreover, the present applicant that the applicant is having four criminal antecedents, out of which one offence under the IPC was compromised between the parties, in another offence under the Excise Act, he has acquitted and rest of two antecedents under the Gambling Act, fine has been imposed upon the applicant and the applicant is in jail since 08.01.2025, 4 conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant - Sachin Dewangan Alias Pappu, involved in Crime No. 204/2024, registered at Police Station Nagarnar, District Baster (C.G.), for the offences punishable under Section 20(b) of the Narcotic Drugs and psychotropic Substances Act, 1985, be released on bail on their 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. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, 5 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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.05.30 11:58:39 +0530