Hussain Ali @ Hasan Ali S/o Sartaj Ali Aged About 28 Years R/o Ward v. State Of Chhattisgarh Through- Police Station- Chura, District- Gariyabandh
Case Details
1 2025:CGHC:48998 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7738 of 2025 Hussain Ali @ Hasan Ali S/o Sartaj Ali Aged About 28 Years R/o Ward No. 18, Behind Government Hospital, Khariar Road, Police Station- Jonk, District- Nuapada, Odisha, Pin- 766104 (Particulars Of The Applicant Is Mentioned Correctly) ... Applicant versus State Of Chhattisgarh Through- Police Station- Chura, District- Gariyabandh (C.G.) ... Non-applicant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.25 11:01:44 +0530 For Applicant
Legal Reasoning
granted bail by this Court in MCRC No. 5853 of 2025 vide order dated 28.08.2025, the charge-sheet has already been filed, there is no likelihood of the applicant absconding or tampering with evidence, and his mother is aged and ailing with no one else to look after her. The applicant is a permanent resident, ready to furnish adequate surety, 3 and undertakes to abide by all conditions imposed by this Hon’ble Court, therefore he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge- sheet has been filed in the present case before the competent Court and also submits that the applicant has one criminal antecedent. He further submits that a contraband article, i.e., 4.896 kg of ganja, was seized from the possession of the applicant; therefore, the present applicant is not entitled to the grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of the offence, that the contraband article, i.e., 4.896 kg of ganja, was recovered from the joint possession of the applicant and co-accused, which is less than the commercial quantity, and that one of the co- accused has already been granted bail by this Court in MCRC No. 5853 of 2025 vide order dated 28.08.2025, and further considering that the charge-sheet has already been filed before the competent Court and that the applicant has been in judicial custody since 22.05.2025, and keeping in view that the conclusion of the trial is likely to take some time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant - Hussain Ali @ Hasan Ali, involved in Crime No. 72/2025 registered at Police Station - Chura District - Gariyabandh (C.G.) for the offence under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, be released on bail on furnishing 4 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 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 his 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 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 concerned for necessary information and compliance. - (Ramesh Sinha) Chief Justice Sd/- vaibhav
Arguments
: Mr. Anmol Sharma, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.09.2025 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. 72/2025 registered at Police Station - Chura District - Gariyabandh (C.G.) for the offence under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act. 2. The prosecution story in brief is that on 22.05.2025 4:10PM. Police 2 Authorities received an insider's tip that two persons in motorcycles were travelling from Odisha through Kosmi Marg and going towards Chura and Carrying narcotics psychotropic substance ganja. As soon as the police authorities received the information, they conducted raid at the spot near Village Kosambuda, two accused persons were found in a motorcycle namely Husain Ali Hasan Ali and Present applicant and upon search of the accused persons police authorities seized Ganja from joint possession weighing about 4.896 Kgs from their possession. That after completion of investigation the police authorities have filed charge-sheet for the offence as mentioned above in the application. The present applicant was arrested on 22.05.2025 and sent him to judicial custody. 3. The applicant has been falsely implicated in the present case, and there is no material evidence to incriminate him. He has no previous criminal record, belongs to a poor family, and is the sole breadwinner. He was arrested merely on suspicion, and there is no evidence to show that the ganja belonged to the applicant or was in his conscious possession. Only 4.896 kg of ganja was seized from the joint possession, which is below the commercial quantity prescribed under the NDPS Act, and therefore the rigors of Section 37 are not attracted in this case. He further submits that in this case one co-accused has