1 2026:CGHC:126 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9336 of 2025 Kishun Yadav S/o Sukan Yadav Aged About 55 Years R/o Village- Amarpur, Ghujhariya, PS Kusmi, District- Balrampur-Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer Of Police Station- Kusmi District- Balrampur-Ramanujganj, Chhattisgarh. ... Respondent For Applicant : Shri Hariom Rai, Advocate. For Respondent/State : Shri Priyank Rathi, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02/01/2026 1. 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.86/2025, registered at Police Station – Kusmi District- Balrampur-Ramanujganj, Chhattisgarh for the offence punishable under Sections 20(a), 20(b) of NDPS Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.03 14:36:49 +0530 2 2. The prosecution story, in brief, is that on 09.10.2025, Assistant Sub- Inspector Junas Kerketta of Kusmi Police Station received information from an informant that Kisun Yadav, a resident of Ghuijharia village, Amarpur, had illegally planted a marijuana plant in his backyard near his bathroom. Upon recording the information in the daily register, summoning witnesses, and without obtaining a search warrant, he arrived at the scene in a government vehicle with accompanying staff. Upon reaching Kisun Yadav's home, the suspect's consent was obtained and his backyard was searched. Upon searching, a green, leafy, root-like plant, 9 feet long and weighing 5 kg 900 grams, resembling the marijuana, was recovered. It was seized in the presence of witnesses. A case was registered against the accused under Crime No. 86/2025 under Sections 20(a) and 20(b) of the NDPS Act. 3. 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 submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicant 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 of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the applicant only 5 kg 900 grams contraband article Ganja has been seized. It is further submitted that applicant is in jail since 09/10/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there is no criminal antecedents of the applicant. It is submitted that a total of 5 kg 900 grams of Ganja has been recovered from the possession of the applicant, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Ganja seized from the possession of the applicant i.e. a total of 5 kg 900 grams, which is less than the commercial quantity, also considering the fact that charge- sheet has been filed, applicant has no criminal antecedents, further that the applicant is in jail since 09/10/2025 and the conclusion of the trial is likely to take sometime, therefore I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Kishun Yadav, involved in Crime No.86/2025, registered at Police Station – Kusmi District- Balrampur-Ramanujganj, Chhattisgarh for the offence punishable under Sections 20(a), 20(b) of NDPS Act, be released on bail on his furnishing a 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 4 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-d Sd/- (Ramesh Sinha) Chief Justice gouri