1 2026:CGHC:735 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4 of 2026 1 - Ramprasad Chandra S/o Chheduram Chandra, Aged About 32 Years, 2 - Roki Sidar S/o Gabbar Singh, Aged About 22 Years, Both are R/o Village- Amlidih, Police Station- Malkharauda, District- Sakti (C.G.) ...Applicants versus State Of Chhattisgarh Through - Station House Officer, Police Station - Baradwar, District- Sakti (C.G.) ... Respondent For Applicants : Shri Chandrikaditya Pandey, Advocate. For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06/01/2026 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 268/2025, registered at Police Station – Baradwar, District- Sakti GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.07 19:01:59 +0530 2 (C.G.) for the offence punishable under Sections 20(b), 29 of the Narcotics Drugs & Psychotropic Substances Act. 2. The prosecution story, in brief, is that on 26.10.2025 the police of Police Station Baradwar received a secret information that three persons have kept Ganja in their respective possession in Hero Passion Pro Motorcycle near Village Dumarpara Canal Bridge and they are trying to sell. On the basis of aforesaid secret information, a police team conducted a raid and blockade at the spot and upon enquiry, the contraband was found from the possession of the accused persons. It is found that the present applicants and other co-accused persons were having 14 kilograms of psychotropic substance Ganja in their possession. The police conducted the investigation during which the present applicants along with other co-accused person were arrested, psychotropic substance Ganja was seized, sample of the seized articles was sent for examination to laboratory, statement of the witnesses were recorded, but the charge-sheet has not been filed and matter is further being investigated by the police of Police Station - Baradwar, District - Sakti (C.G.). 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicants and other co- accused persons 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 3 possession of the applicants and other co-accused persons only 14 kgs contraband article Ganja has been seized. It is submitted that co- accused namely Guddibai Chandra has been granted regular bail by this Court in MCRC No.10269/2025 on 12/12/2025. It is further submitted that applicants are in jail since 26/10/2025 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, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there are no any criminal antecedents of the applicants. It is submitted that a total of 14 Kgs of Ganja has been recovered from the possession of the applicants and co-accused, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Ganja seized from the possession of the applicants and co-accused i.e. a total of 14 Kgs, which is less than the commercial quantity, further the fact that co- accused namely Guddibai Chandra has been granted regular bail by this Court in MCRC No.10269/2025 on 12/12/2025, also considering the fact that charge-sheet has been filed and further that the applicants are in jail since 26/10/2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicants are entitled to be released on bail in this case. 4 7. 4 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Ramprasad Chandra & Roki Sidar, involved in Crime No. 268/2025, registered at Police Station – Baradwar, District- Sakti (C.G.) for the offence punishable under Sections 20(b), 29 of the Narcotics Drugs & Psychotropic Substances Act, be released on bail on each of them furnishing a personal bond with two sureties 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 misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails 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 5 opinion of the trial court absence of the applicants 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. S Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri