Shabnam Aara Sheikh vs State of Chhattisgarh

Ramesh Sinha, CJ

The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 128/2025, registered at Police Station - Ganj, District- Raipur (C.G.) for the offence punishable under Sections 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act.

As per the prosecution case, on 16.05.2025, upon receiving information at Police Station Ganj, the police allegedly recovered a total quantity of 18.380 kg of ganja from two bags purportedly belonging to the applicant and a co-accused. Out of the said recovery, five packets weighing 10.200 kg were allegedly seized from the co-accused, namely Mohd. Javed Sheikh, and four packets weighing 8.180 kg were allegedly seized from the present applicant. Consequently, an FIR was registered

It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed and there is no previous criminal antecedents of the applicant and she is in jail since 16.05.2025 and the 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, the learned counsel for the State opposes the bail application and submits that a total quantity of alleged contraband substance which has been recovered from the possession of the applicant, is less than the commercial quantity and also endorse the fact that the applicant has no previous criminal antecedents.

I have 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 alleged contraband substance which has been recovered from the possession of the applicant, is less than the commercial quantity, also considering the fact that charge-sheet has been filed and there is no previous criminal antecedents, further, that the applicant is in jail since 16.05.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case.

Accordingly, the bail application is allowed. Let applicant -Shabnam Aara Sheikh involved in Crime No. 128/2025, registered at Police Station - Ganj, District- Raipur (C.G.) for the offence punishable under Sections 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, be released on bail on her 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 she 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 her absence, without sufficient cause, the trial court may proceed against her 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 her, 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 her in accordance with law.

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