1 2026:CGHC:5613 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9948 of 2025 Siddheshwar Nayak S/o Dewakar Nayak Aged About 45 Years Resident Of Village Ampani, Police Station Ambapani, District Kalahandi (Odisha) ...Applicant versus State Of Chhattisgarh Through The Station House Officer Police Station Mainpur, District Gariyaband (C.G.) ... Respondent For Applicant : Shri K.S. Pradhan, Advocate. For Respondent/State : Ms. Sameeksha Gupta, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31/01/2026 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.164/2025, registered at Police Station – Mainpur, District Gariyaband (C.G.) for the offence punishable under Section 20 (b) of N.D.P.S. Act. 2. The prosecution story, in brief, is that the concerned Police has GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.02 17:26:58 +0530 2 received secret information and on the basis of said information, raid was conducted and recovered total 6.500 KG contraband Ganja from the possession of applicant. 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 the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicant 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 possession of the applicant only 6.500 kg contraband article Ganja has been seized. It is further submitted that applicant is in jail since 20/11/2025 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, learned State 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. She would submit that the applicant has no criminal antecedents in the State of Odisha. She further submits that from the possession of the applicant contraband article i.e. 6.500 kg of Ganja is seized, therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. After hearing the submissions advanced by learned counsel for the 3 parties as well as considering the quantity of Ganja seized from the possession of the applicant i.e. a total of 6.500 kg, which is less than the commercial quantity, also considering the fact that applicant has no criminal antecedents in the State of Odisha, charge-sheet has been filed, further that the applicant is in jail since 20/11/2025 and conclusion of the trial is likely to take sometime, therefore I am of the opinion 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- Siddheshwar Nayak, involved in Crime No.164/2025, registered at Police Station – Mainpur, District Gariyaband (C.G.) for the offence punishable under Section 20 (b) of N.D.P.S. Act, be released on bail on his 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 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 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 4 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-d Sd/- (Ramesh Sinha) Chief Justice gouri