1 2026:CGHC:147 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8494 of 2025 1 - Anto Nag S/o Ochut Nag Aged About 28 Years R/o Banki Bahal, P.S. Patnagarh, District Balangir, Orissa 2 - Aachut Nag S/o Kalaram Aged About 55 Years R/o Banki Bahal, P.S. Patnagarh, District Balangir Orissa ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station D.D. Nagar Raipur, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rekhraj Baghel, Advocate. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/01/2026 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 applicants who have been arrested in AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 connection with Crime No. 337/2025 registered at Police Station D.D. Nagar Raipur, District Raipur (C.G.) under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police Station D.D. Nagar Raipur, District Raipur has received secret information from the informant and conducted a raid and seized 4.100 kg of ganja from the joint possession of the applicants and co-accused, which led to the registration of alleged offence against the applicants and subsequently, the applicants were arrested. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicants. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the joint possession of the applicants and co- accused 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 joint possession of the applicants and co-accused only 4.100 kg Ganja has been seized. He later submits that the applicants have no criminal antecedent and they are in jail since 13.08.2025 3 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel appearing for the State/non- applicants would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicants have no criminal antecedents. He further submits that from the joint possession of the applicants and co-accused contraband article i.e. 4.100 kg of Ganja is seized, therefore, the present applicants are not entitled for grant of bail. 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 and the fact that the applicants have no criminal antecedents and the contraband article i.e. 4.100 kg Ganja recovered from the joint possession of the applicants and co-accused is less than the commercial quantity and the charge-sheet has been filed in the present case before the competent Court, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicants - Anto Nag and Aachut Nag, involved in Crime No. 337/2025 registered at Police Station D.D. Nagar Raipur, District Raipur (C.G.) under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on 4 their furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such 5 default as abuse of liberty of bail and proceed against them in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil