MCRC/7887/2023 of DILESHWAR @ BHOLA SAHU Vs STATE OF CHHATTISGARH on 21 December 2023

1. The applicant has preferred this First Bail Application under Section439 of Cr.P.C. for grant of regular bail, as he has been arrested inconnection with Crime No. 347/2023, registered at Police StationLormi, District-Mungeli (C.G.) for the offence punishable underSection 20(B) of the NDPS Act.439 of Cr.P.C. for grant of regular bail, as he has been arrested inconnection with Crime No. 347/2023, registered at Police StationLormi, District-Mungeli (C.G.) for the offence punishable underSection 20(B) of the NDPS Act.

2. The prosecution story, in brief, is that on the basis of informationStation House Officer, Police Station Lormi has recovered 13.140 kgganja from illegal possession of the applicant. According the offencehas been registered and the applicant has been arrested.Station House Officer, Police Station Lormi has recovered 13.140 kgganja from illegal possession of the applicant. According the offencehas been registered and the applicant has been arrested.

3. It has been argued by the learned counsel for the applicant that fromthe possession of the present applicant intermediate quantity of thethe possession of the present applicant intermediate quantity of the psychotropic substance Ganja has been seized and therefore, it willnot attract the rigors of Section 37 of the NDPS Act as thecommercial quantity for Ganja as prescribed under the schedule ismore than 20 Kgs. and from the possession of the present applicantonly 13.140 kg of Cannabis/Ganja has been seized. It is alsosubmitted that the charge-sheet has already been filed and the trialis in progress, the applicant is in jail since 07.10.2023, hence heprays that the applicant be enlarged on bail.

4. On the other hand, the learned counsel for the State opposes thebail application and admits that there is no previous criminalantecedent and charge-sheet has already been filed. It is furthersubmitted that total 13.140 kg of Cannabis/Ganja has beenrecovered from the possession of the applicant, therefore, his bailapplication is liable to be dismissed.

5. I have heard learned counsel for the parties and perused thematerial available on record.material available on record.

6. After hearing the submissions advanced by learned counsel for theparties as well as considering the fact that quantity of psychotropicsubstance Ganja seized from the possession of the applicant i.e.13.140 kg, which is less than the commercial quantity, there is nocriminal antecedent, charge sheet has already been filed and theconclusion of the trial is likely to take sometime, and further that theapplicant is in jail since 07.10.2023, I am of the opinion that theapplicant is entitled to be released on bail in this case withoutcommenting on the merits of the case.

347/2023, registered at Police Station Lormi, District-Mungeli (C.G.)for the offence punishable under Section 20(B) of the NDPS Act , bereleased on bail on his furnishing a personal bond with twosureties in the like sum to the satisfaction of the court concernedwith the following conditions:-

(i) The applicant shall file an undertaking to theeffect that he shall not seek any adjournment onthe dates fixed for evidence when the witnessesare present in court. In case of default of thiscondition, it shall be open for the trial court totreat it as abuse of liberty of bail and pass ordersin accordance with law.

(ii) The applicant shall remain present before thetrial court on each date fixed, either personally orthrough his/her counsel. In case of his absence,without sufficient cause, the trial court mayproceed against him under Section 229-A of theIndian Penal Code.

(iii) In case, the applicant misuses the liberty ofbail during trial and in order to secure hispresence proclamation under Section 82 Cr.P.C.is issued and the applicant fails to appear beforethe court on the date fixed in such proclamation,then, the trial court shall initiate proceedingsagainst him, in accordance with law, underSection 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, inperson, before the trial court on the dates fixedfor (i) opening of the case, (ii) framing of chargeand (iii) recording of statement under Section313 Cr.P.C. If in the opinion of the trial courtabsence of the applicant is deliberate or withoutsufficient cause, then it shall be open for the trialcourt to treat such default as abuse of liberty ofbail and proceed against him in accordance withlaw.

8. However, this Court hopes and trusts that the trial Court shall makeearnest endeavour to conclude the trial as expeditiously aspossible , if there is no legal impediment.earnest endeavour to conclude the trial as expeditiously aspossible , if there is no legal impediment.

9. Office is directed to provide a certified copy of this order to the trialCourt concerned for necessary information and complianceforthwith.Court concerned for necessary information and complianceforthwith.

Sd/-

(Ramesh Sinha) Chief Justice

Raghu Jat