1 2026:CGHC:18189 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2128 of 2026 Smt. Mumtaj Khan W/o Sameer Khan Aged About 42 Years R/o Daihan Para, Korba, District- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Station House Officer Police Station Baloda District- Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Ajay Kumar Chandra, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.04.2026 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. 10/2026, registered at Police Station - Baloda District- Mahasamund (C.G.) for the offence punishable under Section 20(B) of the NDPS Act. 2. The case of the prosecution, in brief, is that on 30-01-2026, the police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.22 10:59:53 +0530 2 has received secrete information that two persons are coming from the Odisha Side in the black coloured motorcycle bearing registration Number CG-12/BU-7253 and kept some illegal contraband material. On the basis said information, conducted the raid at Forest Naka Sirpur and stopped the above mentioned vehicle, where the present applicant and one another accused persons were travelling in the said vehicle. During the search, the police recovered total 09 Kg Contraband Ganja from the joint possession of the accused persons. Theserver of the police department is not available now therefore the applicant is not filed the copy of FIR with this bail application. 3. The applicant respectfully submits that he is innocent and has been falsely implicated in the present case. It is further submitted that in the present crime and has neither committed nor participated in any alleged offence. The essential ingredients of the offences alleged are not prima facie attracted against the applicant. It is further submitted that a false seizure memo has been prepared by the police in order to falsely implicate the applicant in the present case, and he is confident that he will ultimately be acquitted of the charges. The applicant has been in judicial custody since 30.01.2026, and the trial is likely to take a considerable time to conclude; therefore, in view of his prolonged detention, this Hon’ble Court may kindly consider granting him regular bail. The applicant reserves his right to raise additional grounds at the time of hearing. He is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. 3 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 30.01.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Smt. Mumtaj Khan, involved in Crime No. 10/2026, registered at Police Station - Baloda District - Mahasamund (C.G.) for the offence punishable under Section 20(B) of the NDPS Act, be released on bail on furnishing 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 4 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. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav