1 2026:CGHC:5022 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9854 of 2025 Hariram Kenwat S/o Shyam Charan Kenwat Aged About 27 Years Resident Of Village- Bhamrah Post- Office Bijauri Tahsil Manpur, Police Station Manpur District- Umariya (Madhya Pradesh) ... Applicant versus State Of Chhattisgarh Through- The Station House Officer Police Station Nagarnar, District- Bastar (C.G.) ... Non-applicant For Applicant : Mr. Ramsajiwan, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.01.2026 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. 201/2025, registered at Police Station Nagarnar District- Bastar (C.G.) for the offence punishable under Section 20(B) of the NDPS Act. 2. The prosecution case in brief is that on 06-09-2025, the police of Police Station Nagarnar received secret information and on the basis of said information, raid was conducted and recovered total 7.006 KG contraband Ganja from the possession of applicant. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.30 10:50:52 +0530 2 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case, he further submits that applicant has neither committed nor participated in any offence and has been wrongly implicated by the police; that the essential ingredients of the alleged offence are not prima facie attracted against the applicant; that it is pertinent to mention that the mandatory provisions of the NDPS Act have not been complied with, and therefore, prima facie, the proceedings under the NDPS Act against the applicant are vitiated; that the applicant has been in judicial custody since 06.09.2025, therefore, he prays for grant of regular bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel 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, recovered from the possession of the applicant is less than the commercial quantity. Further, considering that the charge-sheet has already been filed before the competent Court, and that the applicant has been in judicial custody since 06.09.2025 while 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 applicant, Hariram Kenwat, involved in Crime No. 201/2025, registered at Police Station Nagarnar District- Bastar (C.G.) for the offence punishable under Section 20(B) of the NDPS Act, be released 3 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 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 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 vaibhav