1 2026:CGHC:7936 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9426 of 2025 1 - Shambhudas Son Of Late Dharnidhar Das Aged About 20 Years Resident Of Govt. Highschool Para Titlagarh, P.S. - Tilagarh, District - Balangir (Orissa) 2 - Deepak Das Manikpuri Son Of Kirtanlal Manikpuri Aged About 25 Years Resident Of Village Bhiloni, P.S. Pamgarh, District - Janjgir-Champa, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Bagbahara, District - Mahasamund, Chhattisgarh. ... Non-applicant _____________________________________________________ For Applicant :Mr. Sudhir Kumar Sahu, Advocate. For Non-applicant/State :Mr. SS Baghel, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.02.2026 1. The Applicants have preferred this 1st Bail Application under SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.12 19:42:37 +0530 2 Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.211/2025 registered at Police Station – Bagbahara, District Mahasamund (C.G.), for the offence under Section 20 (B) of the NDPS Act as also under Section 3(5) of BNS, 2023. 2. Prosecution case, in brief, is that the police of Police Station Bagbahara received secret information from an informant that, on the date of the incident, certain unknown persons were in possession of illegal contraband ganja for the purpose of sale. Acting upon the said information, the police reached the spot and seized 10.100 kilograms of contraband ganja from an open place at the scene of occurrence. Consequently, the aforementioned offences have been registered against the present Applicants. 3. Learned counsel for the Applicants submits that the Applicants are innocent and have been falsely implicated in the present case, who are behind the bars since 13.09.2025. He further submits that the prosecution has failed to establish the exclusive and conscious possession of the alleged contraband, inasmuch as the seizure memo has not been duly proved in accordance with law through the seizure witnesses. It is further contended that the mandatory 3 provisions of the N.D.P.S. Act have not been complied with and the concerned police officials conducted an improper and perfunctory investigation prior to lodging of the FIR, thereby falsely implicating the Applicants in the present case. Learned Counsel further argues that even if the seized contraband ganja is presumed to have been recovered from two persons, the quantity attributable to each individual would be minimal and not of such nature as alleged by the prosecution. It is also submitted that the allegations levelled against the Applicants are false, fabricated and devoid of any factual foundation. Lastly, it is urged that the trial is likely to take quite some time for its conclusion, therefore, the Applicants may be granted bail. 4. Per contra, learned Counsel for the State opposes the bail application and submits that 10.100 kilograms of contraband ganja has been lawfully seized pursuant to credible secret information and the investigation has been conducted in due compliance with the mandatory provisions of the N.D.P.S. Act. The plea of false implication is denied and considering the nature of recovery and seriousness of the offence, the State prays for rejection of the bail application. 5. Having heard learned Counsel for the parties and perused the case diary, this Court finds that the alleged recovery of 4 10.100 kilograms of ganja is from the joint possession and the question of exclusive and conscious possession of the Applicants is a matter to be examined during trial. The Applicants are in custody since 13.09.2025, charge sheet has been filed, the age of the Applicants and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on the merits of the case and considering the overall facts and circumstances, this Court is inclined to allow the bail application. Accordingly, the bail application is allowed. 6. Let Applicants- Shambhudas and Deepak Das Manikpuri involved in Crime No. 211/2025 registered at Police Station – Bagbahara, District Mahasamund (C.G.), for the offence under Section 20 (B) of the NDPS Act as also under Section 3(5) of BNS, 2023 be released on bail on their 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/s shall file an undertaking to the effect that he/they 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. 5 (ii) The applicant/s shall remain present before the trial court on each date fixed, either personally or through his/their counsel. In case of his/their absence, without sufficient cause, the trial court may proceed against him/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuses the liberty of bail during trial and in order to secure his/their presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s 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/s is/are 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/them in accordance with law. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya