1 2026:CGHC:7429 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10340 of 2025 Bhagwan Sethi @ Alok S/o Shyam Sethi Aged About 23 Years R/o Village Baherapati, Police Station Narla, District Kalahandi Odisa ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Out Post Wadrufnagar, Police Station Basantpur, District Balrampur-Ramanujganj Chhattisgarh ...Non-applicant For Applicant : Mr. Arun Kumar Shukla, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.02.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 188//2025 registered at Police Station – Basantpur District - Balrampur-Ramanujganj (C.G.) for the offence under Section 20(b)(ii) (B) & 29 of the Narcotic Drugs and Psychotropic Substances Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.11 10:40:22 +0530 2 2. Case of the prosecution, in brief, is that the Police of Police Station- Basantpur, District Balrampur-Ramanujganj (C.G.), had received secret information from the informant and on the basis of the said information conducted a raid in the bus and seized 4.200 Kgs of Ganja from the joint possession of the applicant along with other co-accused person. Thereafter, the Police has registered the offence punishable under Section 20(b)(ii) (B), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. On accountof that present applicant has been arrested for an offerice punishable under section 20(b)(ii)(B), 29 Narcotic Drugs Psychotropic Substances Act. 3. The applicant submits that he is innocent and has not committed any of the alleged offences and has been falsely implicated in the present case. It is further submitted that he has no previous criminal antecedents and has been roped in on the basis of a false seizure memo prepared by the police. As per the FIR, the bag from which the contraband (ganja) was allegedly recovered did not belong to the applicant, as he was merely travelling in the bus as a passenger, and the said contraband has no connection with him. It is also contended that the mandatory provisions of the Narcotic Drugs and Psychotropic Substances Act relating to search and seizure were not complied with in their true spirit by the investigating officer. The applicant is a young person aged about 23 years and has been in custody since 10.10.2025, and continued detention would seriously affect his life and future. There is no previous offence registered against him under the NDPS Act, and he has been arrested only on the basis of suspicion. The applicant undertakes to cooperate with the trial and reserves his 3 right to raise additional grounds at the time of hearing of the application. 4. On the other hand, learned counsel appearing for the State/non- applicant would opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 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, it is observed that the contraband article, i.e., ganja, was recovered in a quantity less than the commercial quantity. Further, considering that the charge-sheet has already been filed before the competent Court, the applicant has no previous criminal antecedents, has been in judicial custody since 10.10.2025, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant - Bhagwan Sethi @ Alok, involved in Crime No. 188//2025 registered at Police Station – Basantpur District - Balrampur-Ramanujganj (C.G.) for the offence under Section 20(b)(ii) (B) & 29 of the Narcotic Drugs and Psychotropic Substances Act, be released on bail on furnishing personal bond with two local 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 she 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 4 open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of her absence, without sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. 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 her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (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 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. 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 vaibhav