Kishan Kumar Gawariya vs State Of Chhattisgarh

Ramesh Sinha, J

This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 59/2024 registered at Police Station- Manipur, District - Gariyaband (C.G.), for the offence punishable under Section 20 (b) of the Narcotic Drugs Psychotropic Substance Act.

Case of the prosecution, in brief, is that the concerned Police Station Manipur received a secret information through the informant that on the date of incident, unknown persons have kept illegal contraband ganja in their vehicle to sale and Police has seized 6 Kgs contraband Ganja from the place of incident at open place and as a result thereof, police has registered the above offence against the present applicants

It has been argued by the learned counsel for the applicants that from the possession of the present applicants intermediate quantity of the psychotropic substance Ganja has been seized and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity for Ganja as prescribed under the schedule is more than 20 Kgs. and from the possession of the applicants only 06 Kgs of Ganja has been recovered. It is further submitted that applicant No. 1 has two previous criminal antecedents under the IPC and Excise Act and applicant No. 2 has no previous criminal antecedents. It is also submitted that the charge-sheet has been filed and the trial is in progress, the applicants are in jail since 09.06.2024, hence he prays that the applicants be enlarged on bail.

On the other hand, the learned counsel for the State opposes the bail application and submits that applicant No. 1 has two previous criminal antecedent under the IPC and Excise Act and applicant No. 2 has no previous criminal antecedents, further from the possession of the applicants 06 Kgs of Ganja has been recovered therefore, their bail application is liable to be dismissed.

Heard learned counsel for the parties and perused the material available on record.

After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of psychotropic substance Ganja seized from the possession of the applicant is less than commercial quantity, applicant No. 1 has two previous criminal antecedent under the IPC and Excise Act and applicant No. 2 has no previous criminal antecedents, further the charge-sheet has been filed and the applicants are in jail since 09.06.2024, the conclusion of the trial is likely to take sometime, I am of the opinion that the applicants are entitled to be released on bail in this case without commenting on the merits of the case.

Accordingly, the bail application is allowed. Let the applicant No. 1 and 2- Kishan Kumar Gawariya and Suraj respectively involved in Crime No. 59/2024 registered at Police Station- Manipur, District - Gariyaband (C.G.), for the offence punishable under Section 20 (b) of the Narcotic Drugs Psychotropic Substance Act, be released on bail on his furnishing a personal bond with two local sureties each in the like sum to the satisfaction of the court concerned with the following conditions:-

(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita.

(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.

(iv) The applicants 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 them in accordance with law.

However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment.

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