Chattisgarh High Court
Mangal Pal vs State Of Chhattisgarh on 27 May, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
Digitally
AMIT signed
by
PATEL AMIT
PATEL 2025:CGHC:22403
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 4015 of 2025
1 - Mangal Pal S/o Shri Sukhlal Pal Aged About 43 Years R/o Village - Kotiya,
P.S. - Sarai Aquil, Distt. - Kaushambi (Uttar Pradesh), Presently R/o Village -
Hirapur, Ward No.-01, P.S. - Kabir Nagar, Distt. - Raipur (C.G.)
... Applicant
versus
1 - State Of Chhattisgarh Through - P.S. - Fingeshwar, District - Gariyaband
(C.G.)
... Non-applicant
For Applicant : Mr. Pragalbha Sharma, Advocate.
For Non-applicant/State : Mr. Ankur Kashyap, Dy. G.A.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
27.05.2025
1.
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.
76/2025 registered at Police Station- Fingeshwar, District
Gariyaband (C.G.) for the offence punishable under Section 20(B) of
the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Case of the prosecution, in brief is that the police of Police Station
Kota, District Bilaspur (C.G.), received a secret information from the
informant and on the basis of the said information police conducted
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a raid and seized 6.100 Kgs of Ganja from the joint possession of
the present applicant along with other co-accused person.
Thereafter, an FIR under Section 20 (B) of the Narcotic Drugs and
Psychotropic Substances Act, 1985 has been registered against
present applicant and other co-accused person.
3. It has been argued by learned counsel for the applicant that the
applicant has been falsely implicated in this case. He further submits
that prosecution agency has not followed the provisions under Section
42 of the NDPS Act and not taken search warrant from the superior
authority. He also submits that from the joint possession of the
applicant along with other co-accused intermediate quantity of Ganja
was seized, and therefore, it will not attract the rigors of Section 37 of
the NDPS Act as the commercial quantity of Ganja as prescribed
under the schedule is more than 20 Kgs and from the joint possession
of the applicant and other co-accused 6.100 Kgs of Ganja was seized
however, co-accused person have already been granted regular bail
by this Court in MCRC No. 3905/2025. It is further submitted by the
learned counsel for the applicant that the applicant has no criminal
antecedents and he is in jail since 17.03.2025 and conclusion of the
trial is likely to take quite long time. Therefore, he prays for grant of
regular bail to the applicant.
4. On the other hand, learned counsel appearing for the State/non-
applicant would oppose the bail application and submit that the
charge-sheet has been filed in the present case before the competent
Court and also endorse the said submission that the applicant has no
criminal antecedents. He further submits that from the joint possession
of the applicant and other co-accused persons contraband article i.e.
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6.100 Kgs of Ganja was seized, therefore, the present applicant is not
entitled for grant of bail.
5. I have heard learned counsel appearing for the parties and perused
the case diary.
6. Taking into consideration the facts and circumstances of the case that
the contraband article i.e. 6.100 Kgs of Ganja was recovered from the
joint possession of the applicant and other co-accused person, which
is less than commercial quantity, moreover, the present applicant has
no criminal antecedents. Also considering the fact that another co-
accused person has already been granted regular bail by this Court in
MCRC No. 3905/2025 and the charge-sheet has been filed in the
present case before the competent Court and the applicant is in jail
since 17.03.2025, 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.
7. Let the Applicant – Mangal Pal, involved in Crime No. 76/2025
registered at Police Station Fingeshwar, District- Gariyaband (C.G.)
for the offence punishable under Section 20(B) of the Narcotic
Drugs and Psychotropic Substances Act, 1985, be released on bail
on furnishing personal bond with two 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
4bail 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 his 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.
8. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information and compliance.
- Sd/-
(Ramesh Sinha)
Chief Justice
AMIT PATEL