1 2026:CGHC:1468 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 235 of 2026 • Vidyadhar Giri S/o Karan Sai Giri, Aged About 22 Years R/o Village Dharkot Ps Saraipali, District Mahasamund C.G. ... Applicant versus • State of Chhattisgarh Through S.H.O. City Kotwali Raigarh District Raigarh C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Shikhar Agnihotri, Advocate For Respondent/State : Ms. Nupur Trivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 567/2025, registered at Police Station – City Kotwali, District – Raigarh (C.G.) for the offence punishable under Section 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in short is that the Sub Inspector of Police station City Kotwali Raigarh District Raigarh (C.G.), has received secret information that Asha Soni Wife of Govind Soni a resident of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.12 16:40:07 +0530 2 Laxmipur, Raigarh is selling illegal Narcotic substance Ganjay keeping it inside her house so he with Umesh Singh and Sameer Ghosh left for Laxmipur ward no.05 in a government vehicle along with the staff for verification and after reaching and taking due investigation they recovered about 3 kg of Ganja in three packets from the possession of the Asha Son inside a white plastic bag and seized it as per the caste sheet and only on the basis of memorandum of the Asha Soni Prem Soni her brother-in-law delivers Ganja to her in Raigarh for sale through himself and other person of village and yesterday on 01.11.2025, 3 kg Ganja was brought by the applicant Vidyadhar Giri and thereafter the applicant has been arrested. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that no seizure has been made from the present applicant, only on the basis of the memorandum statement of the co- accused, applicant has been implicated in crime in question and the charge-sheet has been filed in this case. It is also submitted that 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 possession of the applicant only 3 kgs of Ganja has been seized. It is further submitted that there are no any criminal antecedents of the applicant, and he is in jail since 02.11.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 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 and there are no any criminal antecedents of the applicant and no recovery has been made from the possession of 3 present applicant. It is submitted that a total of 3 Kgs of Ganja has been recovered from the co-accused and only on the basis of his memorandum statement, present applicant falsely implicated in crime in offence, 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 i.e. a total of 3 Kgs, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed and no recovery has been made from the possession of present applicant. Further that the applicant is in jail since 02.11.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant, Vidyadhar Giri involved in Crime No.567/2025, registered at Police Station – City Kotwali, District – Raigarh (C.G.) for the offence punishable under Section 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, be released on bail on their 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 4 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali