1 2026:CGHC:14268 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2811 of 2026 1 - Suraj Sen @ Parsu S/o Milap Ram Sen @ Harish Chandra Aged About 30 Years R/o Lawan, P.S. Lawan, Distt. Balodabazar Bhatapara, Chhattisgarh. 2 - Falesh Sahu S/o Ganga Prasad Sahu Aged About 45 Years R/o Lawan, Distt. Balodabazar Bhatapara, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Rajadevari (Police Outpost Baya), Distt. Balodabazar Bhatapara, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Pragalbha Sharma, Advocate For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.03.2026 1. The applicants have preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as they have been arrested in connection with Crime No. 06/2026, registered at Police Station- Rajadevari KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 (Police Outpost Baya), Distt. Balodabazar Bhatapara (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the ‘NDPS Act’). 2. The prosecution story, in brief, is that, on 07.01.2026, on the basis of alleged information received from an informer, the police of P.S. Rajadevari (Outpost Baya) intercepted the applicants near the Forest Department Office at Village Bar and purportedly recovered 7.938 kg of ganja from them while they were transporting the same on a Jupiter scooter. On the basis of the said allegation, the applicants were arrested in connection with Crime No. 06/2026 for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Learned counsel for the applicants submits that the applicants are innocent persons who have been falsely and deliberately implicated in the present case, and there is no cogent evidence to establish their active involvement in the alleged offence. During investigation, a Jupiter scooter without number plate and a mobile phone were seized from applicant No. 01, while contraband is alleged to have been recovered from applicant No. 02. It is further submitted that the contraband article seized does not attract the rigors of Section 37 of the NDPS Act as the commercial quantity for Ganja as prescribed under the schedule is more than 20 Kgs and only 7.938 kgs of Ganja has been seized. He later submits 3 that the charge-sheet has been filed and the trial is in progress, the applicants are in jail since 07.01.2026 and conclusion of the trial is likely to take some time. Hence, they pray for grant of bail to the applicants. 4. Learned counsel for the State opposes the bail application but admits that the charge-sheet has already been submitted, applicants have no previous antecedents and the quantity of contraband article seized is below commercial quantity. He further submits that applicant No.1 has one previous criminal antecedent of 2016 registered against him. 5. Heard learned counsel for the parties and perused the case diary. 6. After hearing learned counsel for the parties as well as considering the fact that from the joint possession of the present applicants, the quantity of contraband seized is less than commercial quantity i.e. 7.938 kgs of ganja, as the commercial quantity of Ganja is 20 kgs, the applicant No.1 has only one criminal antecedent of the year 2016 and applicant No.2 has no previous criminal antecedent, charge-sheet has been filed and the conclusion of the trial is likely to take sometime and further that the applicants are in jail since 07.01.2026, I am of the considered view that the applicants are entitled to be released on bail. 7. Accordingly, the bail application of the applicants are allowed. 8. Let applicants, Suraj Sen @ Parsu and Falesh Sahu, involved in Crime No. 06/2026, registered at Police Station- Rajadevari (Police Outpost Baya), Distt. Balodabazar Bhatapara (C.G.) for 4 the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the ‘NDPS Act’), be released on bail on his furnishing a 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 he 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 his counsel. In case of his 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 his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, 5 under Section Section 209 of 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 applicant 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 him in accordance with law. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal