1 2026:CGHC:736 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3 of 2026 Ajay Nishad S/o Resham Lal Aged About 31 Years R/o Chandmari Prem Pratap Colony, Raigarh, Tahsil And District Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Dongaripali, District Sarangarh-Bilaigarh (C.G.) ... Respondent For Applicant : Shri Sundar Lal Sahu, Advocate. For Respondent/State : Ms. Nupur Trivedi, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.39/2024 registered at Police Station Dongaripali, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 20 (B) of NDPS Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.07 19:01:58 +0530 2 2. Case of the prosecution, in brief, is that on 23.07.2024, police conducted a raid and allegedly recovered 25 kg ganja (commercial quantity) from a vehicle. Co-accused Prakash was apprehended on the spot along with the alleged contraband. The present applicant Ajay Nishad was not arrested at the spot and no recovery was effected from his possession. 3. Learned counsel for the applicant submitted that the contraband article which is said to have been recovered was from a vehicle which belong to co-accused Prakash Kumar Chauhan who was named in the FIR. It is further argued that the applicant was also found in the said vehicle travelling with Prakash Kumar Chauhan. It is submitted that though the bail application of Prakash Kumar Chauhan has already been rejected by this court in MCRC No.7473/2024 on 24/10/2024 but so far as status of the trial is concerned only statement of 4 prosecution witnesses have been recorded by the trial court. He would submit that charge sheet has been filed, the applicant is in jail since 22/08/2024 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submitted that the contraband article which is said to have been recovered from the vehicle in which the co-accused alongwith the applicant were travelling was above the commercial quantity i.e. 25 kg of ganja, therefore he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the 3 fact that the contraband article which is said to have been recovered from the vehicle in which the co-accused alongwith the applicant were travelling was above the commercial quantity i.e. 25 kg of ganja, further the fact that bail application of co-accused Prakash Kumar Chauhan has already been rejected by this court in MCRC No.7473/2024 on 24/10/2024, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Ajay Nishad involved in Crime No.39/2024 registered at Police Station Dongaripali, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 20 (B) of NDPS Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri