1 2026:CGHC:4471 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9536 of 2025 • Vijay Kumar Rohra S/o Bodamal Rohra Aged About 43 Years R/o Ward No. 05, Sindhi Camp, Tilda, P.S. Tilda Neora District Raipur (Chhattisgarh) ... Applicant versus • State Of Chhattisgarh Through - P.S. Tilda Neora, District - Raipur (C.G.) ... Respondent (Caus title is taken from Case Information System) For Applicant : Mr. Ajay Kumrani, Advocate For Respondent/State : Mr. Soumya Rai, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/01/2026 1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.360/2025 registered at Police Station- Tilda Neora, 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 on 19.08.2025, the Police Station Tilda Nevra, District – Raipur received credible information from a reliable informer regarding possession and storage of illegal VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.29 10:41:00 +0530 2 narcotic substance by certain persons within its jurisdiction. Acting upon this secret information, the location after police party immediately proceeded to the indicated all mandatory complying with requirements and procedural safeguards prescribed under the NDPS Act. Upon reaching the spot, situated at Ward No.-5, in the courtyard of the house of Vijay Rohra, Sindhi Camp, Tilda, the police found the accused present with Vehicle Activa bearing Registration No. CG- 04/KT-2771. On conducting a lawful search of the vehicle and the belongings of the accused, two yellow-coloured bags marked with "Safal" were found. From these bags, a total of 08 packets and 02 black-coloured polythene packets containing contraband substance, identified as Ganja, were recovered. The cumulative weight of the seized contraband was found to be 15.716 kilograms. The substance was tested and confirmed on the spot, duly seized in accordance with law, and seizure proceedings were completed in presence of witnesses. Thereafter, the accused was taken into custody and offences under Section 20-B of the NDPS Act were registered. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. 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. It is further submitted that there are four criminal cases registered against the applicant under other offences and details of all these are given in the additional affidavit and he is in jail since 19.08.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 4. On the other hand, learned counsel appearing for the State/non- applicant 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 applicant has four criminal antecedents. He further submits that 15.716 kgs of Ganja is seized from the possession, therefore, the present applicant is 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 that the applicant has no criminal antecedent under the NDPS Act and considering the quantity of contraband seized from the possession of the applicant, i.e. 15.716 kg, which is less than commercial quantity, charge-sheet has been filed and the trial is likely to take some time for its conclusion, applicant is in jail since 19.08.2025 this Court is of the view that the applicant is entitled to be released on bail in this case 7. Let the Applicant – Vijay Kumar Rohra, involved in Crime No. .360/2025 registered at Police Station- Tilda Neora, District- Raipur (C.G.) under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on their furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant 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. 4 (ii) The applicant 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 him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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, under Section 174-A of the Indian Penal Code. (iv) The applicant 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 313 Cr.P.C. 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 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 vaishali