1 2026:CGHC:14269 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2810 of 2026 Rakesh Singh Thakur S/o Late Vishnu Singh Thakur Aged About 38 Years R/o Tulsi Dahariya, P.S. Kharora, District- Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station- Kharora, Raipur, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Ms. Khushbu Sahu, Advocate For Respondent(s) : Ms. Samiksha Gupta, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.03.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as they have been arrested in connection with Crime No.14/2026, registered at Police Station- Kharora, Raipur, District- Raipur (C.G.) for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the ‘NDPS Act’). KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. The prosecution story, in brief, is that, the Police Station Kharora, District Raipur, allegedly received secret information regarding illegal possession and sale of contraband ganja, pursuant to which 4.256 kg ganja was seized from an open place and an offence under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 was registered against other accused persons. The present applicant has not been apprehended from the spot nor any recovery has been made from him, and he has been implicated solely on the basis of memorandum statement of co-accused and arrested on 05.01.2026. Hence this bail application. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the instant case. Prima facie, no contraband has been recovered from his conscious or exclusive possession, and the alleged seizure is from an open place and pertains to a quantity below commercial threshold, thereby weakening the prosecution case. Further, the contraband article seized does not attract the rigors of Section 37 of the NDPS Act as the commercial quantity for Ganja as prescribed under the schedule is more than 20 Kgs and from only 4.256 kgs of Ganja has been seized. He later submits that the charge-sheet has been filed and the trial is in progress, the applicant is in jail since 05.01.2026 and conclusion of the trial is likely to take some time. Hence, he prays for grant of bail to the applicant. 3 4. Learned counsel for the State opposes the bail application but admits that the charge-sheet has already been submitted, applicant has no previous antecedents and the quantity of contraband article seized is below commercial quantity. 5. I have heard learned counsel for the parties and perused the case diary. 6. After hearing learned counsel for the parties as well as considering the fact that from the possession of the present applicant, no psychotropic substance has been seized and the same has been recovered place and further the quantity of contraband is also less than commercial quantity i.e. 4.256 kgs of ganja, as the commercial quantity of Ganja is 20 kgs, the applicant has no criminal antecedents under the NDPS Act, charge-sheet has been filed and the conclusion of the trial is likely to take sometime, and further that the applicant is in jail since 05.01.2026, I am of the opinion that the applicant is entitled to be released on bail in this case without commenting on the merits of the case. 7. Let applicant, Rakesh Singh Thakur, involved in Crime No.14/2026, registered at Police Station- Kharora, Raipur, District- Raipur (C.G.) for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the ‘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:- 4 (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 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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. 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal