1 2026:CGHC:5382 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9789 of 2025 Govind Singh S/o Hariram Aged About 38 Years R/o 4 Gaurav Nagar Holi Trinity School Vijay Nagar Dewas, P.S.- Vijay Nagar, District Dewas (M.P.) ...Applicant versus State Of Chhattisgarh Through The Police Station - Sariya, District Sarangarh - Bilaigarh (C.G.) ...Non-applicant For Applicant : Mr. Ankit Singh, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.01.2026 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. 228//2025 registered at Police Station – Sariya District - Sarangarh- Bilaigarh (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act. 2. The prosecution case, in brief, is that, on 04.10.2025, the police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.31 11:21:41 +0530 2 received specific information from an informant that certain unknown persons were transporting illegal contraband in a vehicle, namely a Ford Classic car bearing registration No. MH-04-GD-3812. Acting upon the said information, the police intercepted the vehicle at the place of incident and, upon search, seized 8.335 kg of contraband ganja from the trunk of the car. Thereafter, a seizure memo was prepared in accordance with law, and an offence was registered against the present applicant and other accused persons for the offence punishable under Section 20(B) of the N.D.P.S. Act. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the instant case. He further contends that the alleged contraband ganja was not recovered from his exclusive possession. It is also submitted that the quantity of the seized contraband ganja is small, and as such, the case is triable by the Magistrate in accordance with the provisions of the Criminal Procedure Code, as it does not attract punishment of life imprisonment or death. It is further submitted that the FIR in the present case was lodged by the police of Police Station Sariya on 04.10.2025, a copy of which is annexed herewith as ANNEXURE A/2, and that the applicant has been in judicial custody since 04.10.2025., therefore, he prays for the grant of regular bail to the applicant. 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. 3 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 04.10.2025, 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 - Govind Singh, involved in Crime No. 228//2025 registered at Police Station – Sariya District - Sarangarh-Bilaigarh (C.G.) for the offence under Section 20(B) 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 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 4 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