1 2026:CGHC:19414 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3816 of 2026 Kaushal Singh S/o Chetan Singh Aged About 36 Years R/o Village Khamhariya Police Station Smriti Nagar Bhilai District- Durg (C.G.) ... Applicant versus The State of Chhattisgarh Through The Station House Officer Police Station City Kotwali, Gariyaband District- Gariyaband (C.G.) ... Non-applicant For Applicant : Mr. Punit Ruparel, Advocate For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.04.2026 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. 156/2025 registered at Police Station – City Kotwali, Gariyaband, District- Gariyaband (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story, in brief, is that on 22.08.2025 at about 22:25 hours, near Square Gariyaband, village Malgaon, within the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 jurisdiction of Police Station Gariyaband, District Gariyaband, the present applicant along with three other co-accused persons was allegedly found in possession of contraband ganja, in violation of the provisions of the NDPS Act, 1985. It is alleged that an Innova vehicle bearing registration No. HP-20-TA-1544 and a Bolero vehicle bearing registration No. MP-20-ZT-4766 were being used jointly for transporting the said contraband for the purpose of illegal sale, and from the joint possession of the accused persons, a total quantity of 193.33 kg of ganja, which falls within commercial quantity, was recovered. It is further stated that the applicant had approached the trial Court by filing an application for grant of regular bail, however, considering the huge quantity of contraband seized, the said application was rejected. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that no contraband ganja has been recovered from the exclusive possession of the applicant and the alleged vehicles, i.e., Innova bearing registration No. HP-20-TA-1544 and Bolero bearing registration No. MP-20-ZT-4766, do not belong to the applicant, who has no connection with the seized contraband. It is further submitted that although the charge-sheet has been filed against four accused persons, namely Ayushi Mishra, Mithun Jhariya, Sumit Samasi and the present applicant Kaushal Singh, the applicant is not acquainted with the other co-accused persons, who are 3 residents of District Jabalpur (M.P.), whereas the applicant is a resident of District Durg (C.G.). He submits that the applicant was not apprehended at the spot and has been implicated only on the basis of the memorandum statement of co-accused Mithun Jhariya alleging that the applicant fled from the vehicle, however, another person, Rahul Manjhi, who is also alleged to have fled, has not been arrayed as an accused, thereby rendering the prosecution story doubtful. It is further submitted that except the said memorandum statement, there is no material available on record connecting the applicant with the alleged offence, and the applicant was arrested on 23.08.2025, i.e., a day after the alleged incident dated 22.08.2025. As per the seizure memo, no recovery has been made from the applicant, and the contraband, i.e., 101.200 kg from the Innova and 95.100 kg from the Bolero, was recovered from the vehicles and not from the applicant. He further submits that the applicant is the sole breadwinner of his family, having an aged mother, wife and two minor sons who are entirely dependent upon him and are suffering due to his incarceration. It is also submitted that the applicant is suffering from serious medical conditions, including a hairline fracture of the lower third of the left patella with displaced fragments and head injuries as reflected in the CT scan report, requiring proper medical care. It is further contended that due to his arrest, his family members are under severe mental trauma and undergoing treatment. He submits that the applicant has no previous criminal antecedents, the charge-sheet has been submitted before the competent Court, and he is in jail since 4 23.08.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted before the competent Court. He further submits that the quantity of contraband article i.e. total 193.33 kg of ganja from the joint possession of the present applicant along with co-accused person, which is much above the commercial quantity, as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that the seized contraband article i.e. total 193.33 kg of ganja from the joint possession of the present applicant along with co- accused person, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Kaushal Singh, involved in Crime No. 156/2025 registered at Police Station – City Kotwali, Gariyaband, District- Gariyaband (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 5 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan