AI Structured Summary
Not yet generated for this judgment
Judgment
Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 78/2026 registered at Police Station – Raghunathnagar, District-Balrampur at Ramanujganj (C.G.), for the offences under Section 20(B) NDPS Act.
As per the prosecution story, in brief, on 12.07.2026, Raghunathnagar Police Station, near Kesari Chowk in village Raghunathnagar, Balrampur-Ramanujganj District (C.G.) have received secret information through an informer that illegal Ganja is being carried near Kesari Chowk without a valid license, that upon such alleged person was found 2.224 kg of narcotic substance Ganja, was illegally kept in possession for the purpose of sale. The applicant was found to be involved in the crime and was arrested, and F.I.R. was lodged against applicant and other co-accused person. Based upon which aforementioned crime was registered and applicant was arrested on 13.07.2026. Challan has been filed. Hence this application.
Learned counsel for the applicant submits that the applicant has not committed any offence as alleged and applicant was falsely implicated in the crime in question. There was no seizure of contraband from exclusion possession the applicant. He also submits that there is no other criminal antecedent registered against the applicant, he is in jail since 13.07.2026. Investigation is completed, charge-sheet has been filed. Hence, he may be enlarged on bail.
On the other hand, learned State Counsel opposes the bail application and submits that the admeasuring 2.224 Kg of contraband-ganja has been seized from the applicant, however, he did not dispute the submission of counsel for the applicant that there is no other criminal antecedent registered against the applicant.
I have heard learned counsel for the parties.
Considering the submissions advanced by learned counsel for the parties, the nature of the allegations, further that there is no other criminal antecedent registered against the applicant, applicant is already in custody since more than 2 and half months, charge-sheet has been filed and the trial will take considerable time to conclude, without expressing any opinion on the merits of the case, I am inclined to allow this bail application.
Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in like sum to the satisfaction of the Court on the conditions that-
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.
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.
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.
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.
Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith.