Dinesh Kumar vs State Of Chhattisgarh

Ramesh Sinha, J

The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 61/2024, registered at Police Station -G.R.P. Raipur, District – Raipur (C.G.) for the offence punishable under Section 20(B) of the NDPS Act.

The prosecution story, in brief, is that on 01.05.2024 Police of Police Station G.R.P. Raipur, District- Raipur (C.G.) has received confidential regarding some persons carrying contraband, Police has searched and seized 10.00 Kgs of contraband Ganja from the possession of present applicant. The Police has arrested the present applicant and filed the charge-sheet in the competent Court of Law.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the quantity seized from the present applicant is less than the commercial quantity. He further submits that the co-accused, namely, Satish Kumar, has already been granted bail by this Court vide order dated 28.08.2024. He further submits that the applicant is in jail since 01.05.2024, charge-sheet has been filed and 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 and submits that the charge-sheet has been filed. He further submits that total 10.00 Kgs of contraband Ganja has been seized from the possession of the applicant and the applicant has one previous criminal antecedent under the IPC in the State of Haryana. Hence, he is not entitled to be enlarged on bail.

I have heard learned counsel for the parties and perused the materials available on record.

Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant, quantity of the seized contraband ganja i.e. total 10.00 Kgs, is less than the commercial quantity and the facts that the co-accused, namely, Satish Kumar has already been granted bail by this Court vide order dated 28.08.2024 passed in MCRC No. 5502/2024, charge-sheet

has been filed and the applicant is in jail since 01.05.2024 and the conclusion of the trial is likely to take quite long time, without

commenting on merits of the case, I am inclined to grant bail to the applicant.

Let applicant - Dinesh Kumar involved in Crime No. 61/2024, registered at Police Station -G.R.P. Raipur, District – Raipur (C.G.) for the offence punishable under Section 20(B) of the NDPS Act, be released on bail on his furnishing a 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 him 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.

Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.