1 2026:CGHC:4801 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9163 of 2025 Pipan Nayak S/o Pedra Nayak Aged About 22 Years R/o Village Bhalipank Panchayat, Post Chandragiri, P.S. Mohona, Tahsil Mohona, Distt. Gajapati, Odisha. ...Applicant versus State Of Chhattisgarh Through The Sho, P.S. Bhatapara City, Distt. Balodabazar-Bhatapara, Chhattisgarh. ...Non-applicant For Applicant : Mr. Siddharth Pandey, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.01.2026 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. 338/2025 registered at Police Station – Bhatapara City District - Balodabazar-Bhatapara (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.29 11:59:04 +0530 2 2. The case of the prosecution, in brief, is that on 08.06.2025, the ASL of Police Station Bhatapara City received secret information from an informant that two persons had arrived at Bhatapara from Odisha by Jodhpur Superfast Express via Raipur and were carrying ganja in a bag and a trolley suitcase, and that they were proceeding towards Hanuman Mandir under the bridge at Bhatapara for disposal of the same. Acting upon the said information, the police conducted a raid and seized a total quantity of 17.280 kilograms of ganja from the possession of co-accused Shiba Rayta. Upon interrogation, co- accused Shiba Rayta, in his memorandum statement, named co- accused Chandan Singh and further stated that co-accused Seema Mamu had supplied the ganja to him and the present applicant. On the basis of the said disclosure, the present applicant was arrested by the police and the aforesaid offence was registered against him. 3. That the applicant is innocent and has been falsely implicated in the instant case, as no contraband or any other incriminating material has been seized from his possession and his implication is solely based on the memorandum statement of a co-accused. The applicant has been in judicial custody since 30.07.2025, the charge-sheet has already been filed, and the conclusion of the trial is likely to take considerable time. Continued incarceration of the applicant would cause undue and unwarranted hardship to his family, as he belongs to a respectable family and is the sole breadwinner. It is further submitted that the co-accused persons have already been granted bail by this Hon’ble Court vide orders dated 22.09.2025 passed in M.Cr.C. No. 6642 of 2025 and M.Cr.C. No. 6665 of 2025, entitling the present applicant to the benefit of parity. The applicant is a permanent resident 3 of the address mentioned in the cause title, where his movable and immovable properties are situated, there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready to furnish adequate security and abide by all conditions as may be imposed by this Hon’ble Court, 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. 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, and the co- accused, namely Seema Mamu @ Seemanchal Palka and Shiba Rayta, have already been granted regular bail by this Court in MCRC Nos. 6642 of 2025 and 6665 of 2025 vide order dated 22.09.2025, and further taking into account that the applicant has been in judicial custody since 30.07.2025 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 - Pipan Nayak, involved in Crime No. 338/2025 registered at Police Station – Bhatapara City District - Balodabazar- 4 Bhatapara (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 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