1 2026:CGHC:19405 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 728 of 2026 1 - Hirendra Nishad S/o Radhakrishna Nishad Aged About 41 Years R/o Ward No. 2, Opposite Kohka College, P.S. Tilda Neora, Distt. Raipur, Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through P.S. Tilda Neora, Distt. Raipur, Chhattisgarh. --- Respondent(s) MCRC No. 879 of 2026 1 - Rajesh Yadav S/o Jagrnath Yadav Aged About 22 Years R/o Sejpur, P.S. Dharamjgarh District- Raigarh (C.G.) Present R/o Gopalnagar Ram Nagar, Gudhiyari Gora Chaura Chowk P.S. Gudhiyari District- Raipur (C.G.) 2 - Parmeshwar Sen S/o Shri Sitaram Sen, Aged About 34 Years R/o Ramnagar Gopalnagar, Gudhiyari District- Raipur (C.G.) (As Per Annexure A/1) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through P.S. Tilda Neora, District- Raipur (C.G.) --- Respondent(s) For Petitioner(s) : Mr. Pragalbha Sharma, Advocate For Respondent(s) : Ms. Anusha Naik, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.04.2026 ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 1. These are the First bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.494/2025 registered at Police Station Tilda Neora District Raipur (C.G.) for the offence under Sections 20(B) of NDPS Act, 1985. 2. The prosecution story, in brief, is that a secret information was received by the Police of Police Station – Tilda Neora District Raipur (C.G.) through the informant and on the basis of such information, the Police has seized a total of 10.629 Kgs. of Ganja from the joint possession of the present applicants. Thereafter, the applicants were arrested by the Police and the aforesaid offence has been registered against the present applicants. 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 these cases. It is also submitted that from the joint possession of the applicants less than commercial 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 only 10.629 Kgs of Ganja has been seized. It is further submitted that there are no criminal antecedents of the applicants and 3 applicants are in jail since 03.11.2025 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 is not criminal antecedents against the applicants. It is submitted that a total of 10.629 Kgs of Ganja has been recovered from the joint possession of the applicants, 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 joint possession of the applicants i.e. a total of 10.629 Kgs, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed, there is no criminal antecedents against the present applicants and further that the applicants are in jail since 03.11.2025 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. 7. Let the Applicants – Hirendra Nishad (MCRC No.728/2026) and Rajesh Yadav & Parmeshwar Sen (MCRC No.879 of 2026), involved in Crime No. 494/2025 registered at Police Station Tilda 4 Neora, District Raipur (C.G.) for the offence under Sections 20(B) of NDPS Act, be released on bail on furnishing personal bond with two sureties each respectively 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. 8. 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 Saxena