1 2026:CGHC:6095 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10521 of 2025 Sanjay Baghel S/o Anil Baghel Aged About 27 Years R/o Ward No. 10, Roopnagar Kumhari, Police Station Kumhari, District -Durg Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Komakhan, District Mahasamund Chhattisgarh. ... Respondent For Applicant : Shri Arun Kumar Shukla, Advocate. For Respondent/State : Shri Shailendra Sharma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/02/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.107/2025 registered at Police Station Komakhan, District Mahasamund for the offence punishable under Section 20(b) of Narcotic Drugs & Psychotropic Substances Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.04 15:04:14 +0530 2 2. Case of the prosecution, in brief, is that the Police of Police Station- Komakhan, District Mahasamund (C.G.), had received secret information from the informant and on the basis of the said information conducted a raid near the Temari Naka and stopped the Scotty of the co-accused and seized 8 Kgs of Ganja from the co-accused person. Thereafter, the Police has registered the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. On his memorandum the present applicant has been arrested for an offence punishable under section 20(b) Narcotic Drugs & Psychotropic Substances Act. 3. Learned counsel for the applicant submits that no recovery of any contraband article was made from the possession of the applicant and 8 kg of ganja was recovered from the co-accused. He would submit that only on the basis of memorandum statement of co-accused applicant has been implicated in this case. He would submit that charge sheet has been filed in this case, the applicant is in jail since 19/11/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. He would submit that no recovery of any contraband article was made from the possession of the applicant and 8 kg of ganja was recovered from the co-accused person which is less than the commercial quantity. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, further the fact that no recovery of any contraband article was made from the possession of the applicant and 8 kg of ganja was recovered from the co-accused person which is less than the commercial quantity, period of detention of the applicant since 19/11/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Sanjay Baghel, involved in Crime No.107/2025 registered at Police Station Komakhan, District Mahasamund for the offence punishable under Section 20(b) of Narcotic Drugs & Psychotropic Substances Act, be released on bail on his furnishing a 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. (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 269 of Bharatiya Nyaya 4 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 him, 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri