1 2026:CGHC:139 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8723 of 2025 Ramprasad Jaghav S/o Late Narayan Jaghav Aged About 52 Years R/o Village- Janana Barrier, Post- Khamtarai, District- Baitul (M.P.) ... Applicant versus State of Chhattisgarh Through-The Station House O6cer, Police Station - Kondagaon, District- Kondgaon (C.G.) ... Non-applicant For Applicant : Ms. Deblina Maity, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2026 1. This is the 9rst bail application 9led 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. 245/2025 registered at Police Station Kondagaon, District Kondagaon (C.G.) for the o=ence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story in brief, the police of Police Station Kondagaon recovered a total of 7.372 kg of contraband ganja from the possession of the present applicant. Consequently, a crime was ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.03 15:00:04 +0530 2 registered and the charge-sheet was 9led before the concerned Court. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. She further submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. She also submits that from the possession of the applicant intermediate quantity of Ganja was 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 7.372 kgs of Ganja was seized. It is further submitted by learned counsel for the applicant that the applicant has three criminal antecedents under the Excise Act, all of which have already been disposed of. She also submits that the applicant is in jail since 13.07.2025, conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been 9led in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the contraband article i.e. 7.372 Kgs of Ganja was recovered from the possession of the applicant, which is less than commercial quantity, moreover, the present applicant has applicant has no criminal antecedents under the NDPS Act, also considering the fact that the charge-sheet has been 9led in the present case before the competent Court and the applicant is in jail since 13.07.2025, conclusion of the trial 3 may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Ramprasad Jaghav, involved in Crime No. 245/2025 registered at Police Station Kondagaon, District Kondagaon (C.G.) for the o=ence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 9le an undertaking to the e=ect that he shall not seek any adjournment on the dates 9xed 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 9xed, either personally or through his counsel. In case of his absence, without su6cient 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 9xed 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 9xed for (i) opening of the case, 4 (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 su6cient 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. O6ce is directed to send a certi9ed copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek