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Judgment
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. 146/2026 registered at Police Station – Sarswati Nagar, Raipur, District - Raipur (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Case of the prosecution, in brief is that the police of Police Station -Sarswati Nagar Raipur District - Raipur (C.G.), received a secret information from the informant and on the said information police conducted a raid and seized contraband article i.e. total 2.162 kgs of Ganja from the possession of the present applicant. Thereafter, offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicant.
Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. He further submits that from the possession of the present applicant only 2.162 kgs of contraband Ganja was seized. He further submits that the applicant has one criminal antecedents under the Arms Act and IPC, which is pending. He also submits that the charge-sheet has been submitted before the competent Court, and he is in jail since 08.07.2026 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.
On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. She further submits that from the possession of the present applicant total 2.162 kgs of contraband Ganja was seized. She also submits that the applicant has one previous criminal antecedent under the IPC and Arms Act. 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 said contraband Ganja which was recovered form the possession of the present applicant is less than commercial quantity and also considering the fact that in the present bail application, the charge-sheet has been filed before the competent Court, the applicant has one previous criminal antecedent under the IPC and Arms Act which is pending, and he is in jail since 08.07.2026 and 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.
Accordingly, the bail application of the applicant is allowed. Let the Applicant – Harish Sendre, involved in Crime No. 146/2026 registered at Police Station – Sarswati Nagar, Raipur, District -Raipur (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-
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 concerned for necessary information and compliance forthwith.