1 2026:CGHC:9309 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10087 of 2025 Sufiyan Khan S/o Jenuddin Aged About 18 Years R/o Bathana, P.S. Madaura, Distt Chhapra (Bihar). --- Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. Khamtarai District- Raipur Chhattisgarh. --- Non-Applicant Along with MCRC No. 356 of 2026 Santosh Padal S/o Shri Balaraju Padal, Aged About 35 Years R/o Umarkot, P.S. Navrangpur, Distt. Nabarangpur Odisha. --- Applicant Versus State of Chhattisgarh Through The Station Hosue OfÏcer Khamtarai, District- Raipur C.G. --- Non-Applicant For Applicants : Ms. Swati Rani Saraf, Advocate and Mr. Raza Ali, Advocate For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.02.2026 1. Since the above-mentioned two first bail applications arise out of same incident, same crime number and registered at same police RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 station, they are clubbed and heard together and are being disposed of by this common order. 2. The applicants have preferred these First Bail Applications under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 724/2025 registered at Police Station Khamtarai, District- Raipur (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief is that the police of Police Station Khamtarai, District- Raipur (C.G.) received a secret information from the informant and on the said information police conducted a raid and seized 6.320 kgs of contraband Ganja from the possession of the applicant, namely, Sufiyan Khan and 10.050 kgs of contraband Ganja from the possession of the applicant, namely, Santosh Padal, total 16.320 kgs of Ganja has been recovered from them. Thereafter, offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against the present applicants. 4. Learned counsels for the applicants submits that the applicants are innocent persons and have been falsely implicated in the aforesaid case. They further submits that the said contraband Ganja was not seized from the possession of the present applicants. It is also submitted that prosecution agency has not followed the provisions under Section 42 of the NDPS Act. They further submits that the present applicants have no criminal antecedents, the charge-sheet 3 has been submitted before the competent Court and they are in jail since 03.07.2025 and conclusion of the trial is likely to take quite long time. Therefore, they pray for grant of regular bail to the applicants. 5. On the other hand, learned Panel Lawyer opposes the bail application of the present applicants and submit that the charge- sheet has already been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. She further submits that 6.320 kgs of contraband Ganja from the possession of the applicant, namely, Sufiyan Khan and 10.050 kgs of contraband Ganja from the possession of the applicant, namely, Santosh Padal, total 16.320 kgs of Ganja has been recovered from them, therefore, the present applicants are not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that 6.320 kgs of contraband Ganja from the possession of the applicant, namely, Sufiyan Khan and 10.050 kgs of contraband Ganja from the possession of the applicant, namely, Santosh Padal, total 16.320 kgs of Ganja has been recovered from them, which is less than commercial quantity, further the present applicants have no criminal antecedents and also considering the fact that in the present bail application the charge-sheet has been filed before the competent Court and they are in jail since 4 03.07.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Let the Applicants – Sufiyan Khan and Santosh Padal, involved in Crime No. 724/2025 registered at Police Station Khamtarai, District- Raipur (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 each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that 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. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail 5 during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 9. OfÏce 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 Rahul Dewangan