Bilaspur, Chhattisgarh v. State Of Chhattisgarh Through Station House Officer Police Statio
Case Details
1 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.02 15:56:02 +0530 2025:CGHC:44353 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6903 of 2025 Jai Prakash Loniya, Aged About 40 Years S/o Late Dhanesh Loniya R/o Village Gudi, Police Station Seepat, District- Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Koni District- Bilaspur, Chhattisgarh ... Respondent For Applicant
Legal Reasoning
: Shri Ramcharan Sahu, Advocate. For : Shri Swajeet Singh Ubeja, PL. Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/09/2025 1. 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.272/2025 registered at Police Station Koni, District Bilaspur, Chhattisgarh for the offence punishable under Sections 21, 22 of the NDPS Act. 2 2. Case of the prosecution, in brief, is that on 12.06.2025 at 11:05 hours, based on a tip-off from an informant, a raid was conducted near the petrol pump, Turkadih Chowk and a black motorcycle bearing registration number CG 10-BL-1639 coming from Ghutku direction was stopped. The motorcycle rider identified himself as Mukesh Kumar Lonia. During the search, from Mukesh Kumar Lonia's possession, in the clothes he was wearing, a red bag containing 27 strips of SPAS-TRASCEN-PLUS capsules, each strip having 8 capsules, totaling 216 capsules, was recovered. The capsules SPAS-TRASCEN-PLUS contain psychotropic substances - Tramadol, which is prohibited. Information about the owner of the seized motorcycle CG 10-BL-1639 was obtained from the transport office Bilaspur. On 06.08.2025, the vehicle owner Jay Prakash Lonia was summoned to his address, questioned about the incident, and given a notice under Section 94 BNSS to produce documents of the seized motorcycle. The vehicle owner Jay Prakash Lonia presented the RC card of the seized motorcycle CG 10-BL-1639. In the presence of witnesses, evidence of the crime was found against the accused Jay Prakash Lonia, and he was arrested. After investigation, a charge sheet was presented before the court, and the accused was taken into judicial custody. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this 3 case. He would submit that co-accused Mukesh Kumar Loniya has already been granted bail by this Court in MCRC No.5758/2025 on 21/08/2025 from whom no seizure was made but so far as the applicant is concerned from the motorcycle which belong to the applicant, the contraband article which was recovered was less than the commercial quantity. He would submit that charge-sheet has been filed in this case, applicant is in jail since 07/08/2025 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, learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there is no criminal antecedent of the applicant. He would submit that the contraband article which was recovered from the motorcycle which belong to the applicant was less than the commercial quantity. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of contraband article seized from the motorcycle which belong to the applicant is less than the commercial quantity, also considering the fact that co-accused Mukesh Kumar Loniya has already been granted bail by this Court in MCRC No.5758/2025 on 21/08/2025, charge- 4 sheet has been filed, there is no criminal antecedent of the applicant and further that the applicant is in jail since 07/08/2025 and the conclusion of the trial is likely to take sometime, therefore 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 and it is directed that the Applicant- Jai Prakash Loniya, involved in Crime No.272/2025 registered at Police Station Koni, District Bilaspur, Chhattisgarh for the offence punishable under Sections 21, 22 of 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. (iii) In case, the applicant misuses the liberty of bail during 5 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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri