1 2026:CGHC:19667 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2778 of 2026 1 - Himanshu Ben S/o Ramcharan Ben Aged About 23 Years R/o 307, Near Shiv Mandir, Kashyap Mohalla Ravindranath Taigore Ward, Jabalpur Dist. Jabalpur (M.P.) 2 - Anish Dagore S/o Hari Prasad Dagor Aged About 26 Years R/o Belbaag Toria Jabalpur Teh. And Dist. Jabalpur (M.P.) ... Applicants versus State Of Chhattisgarh Though Station House Officer, P.S. Bagbahara, Dist. Mahasamund (C.G.) ... Respondent For Applicants : Shri Ajay Ayachi, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28/04/2026 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.22/2026 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.29 13:07:59 +0530 2 registered at Police Station Bagbahara, Dist. Mahasamund (C.G.) for the offence punishable under Sections 20(B) & 29 of N.D.P.S. Act. 2. The prosecution story, in brief, is that on 03.02.2026, Sub-Inspector Shivkumar Prasad of Police Station Bagbahara, while on patrolling duty, received credible information that three persons were transporting illegal ganja on a blue scooty without a number plate from the Odisha side. Acting on the tip-off, the police team set up a blockade on NH-353 and intercepted the suspects, identified as Mohammad Nihal, Anish Dagaur, and Himanshu Ben. After complying with Section 50 of the NDPS Act and in the presence of witnesses, a search of the vehicle was conducted, leading to the recovery of 5.265 kg of ganja valued at Rs.2,63,250 from their joint possession. The contraband was seized, and the accused were arrested. Accordingly, Crime No. 22/2026 was registered at Police Station Bagbahara under Section 20(b) of the NDPS Act against the accused persons. Hence this bail application 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and they 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 joint possession of the applicants & 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 & co-accused only 5.265 kg of Ganja has been seized. It is further submitted that the applicants are in jail since 04/02/2026 and the conclusion of the trial is likely to take quite long time. Therefore, he 3 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. It is submitted that a total of 5.265 kg of Ganja has been recovered from the joint possession of the applicants & 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 joint possession of the applicants & co-accused i.e. a total of 5.265 kg, which is less than the commercial quantity, also considering the fact that charge-sheet has been filed, further that the applicants are in jail since 04/02/2026 and the conclusion of the trial is likely to take sometime, therefore I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Himanshu Ben & Anish Dagore, involved in Crime No. 22/2026 registered at Police Station – Bagbahara, Dist. Mahasamund (C.G.) for the offence punishable under Sections 20(B) & 29 of N.D.P.S. Act, be released on bail on each of them furnishing a personal bond with two local 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 4 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 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 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 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. Sd/-/- (Ramesh Sinha) Chief Justice gouri