1 2026:CGHC:10762 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 368 of 2026 1 - Gautam Yadav @ Raju Yadav S/o Lalit Yadav Aged About 32 Years R/o Kopabeda, P.S. Kondagaon, Dist. Kondagaon C.G. 2 - Chandrakant Pandey @ Bablu Pandey S/o Faras Ram Pandey Aged About 36 Years R/o Kumharpara, Kondagaon, P.S. Kondagaon, Dist. Kondagaon C.G. ... Applicant(s) versus State Of Chhattisgarh Through The Station House OfÏcer Anatpur, Dist. Kondagaon C.G. ... Non-applicant(s) For Applicants : Mr. Raza Ali, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.03.2026 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 applicants who have been arrested in connection with Crime No. 32/2025 registered at Police Station Anatpur District - Kondagaon (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief is that the Police of Police Station Anatpur District – Kondagaon, received a secret information from the informant and upon such information, police conducted a raid and have seized total 4 Kg of Ganja from the joint possession of the accused persons including the present applicants. Thereafter, offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicants along with co-accused. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicants. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the joint possession of the accused persons including the present applicants, less than intermediate quantity of the psychotropic substance ganja has been seized and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 kgs and from the joint possession of the accused persons, including the present applicants total 4 kgs of Ganja has been seized. He later submits that the applicants have no criminal antecedent and they are in jail since 25.11.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel appearing for the State/non- 3 applicant opposes the bail application and submit that the charge- sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicants have no criminal antecedents and further the said quantity of contraband article seized from the joint possession of the accused persons, including the present applicants, is less than intermediate quantity, however, the present applicants are not entitled for grant of bail. 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 that the charge-sheet has been filed in the present case before the competent Court and the applicants have no criminal antecedent and further the said quantity of contraband article seized from the joint possession of the accused persons, including the applicants, is less than intermediate quantity and the applicants are in jail since 25.11.2025 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. 7. Accordingly, the bail application of the applicants is allowed. 8. Let the Applicants – Gautam Yadav @ Raju Yadav and Chandrakant Pandey @ Bablu Pandey, involved in Crime No. 32/2025 registered at Police Station Anatpur District - Kondagaon (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 sureties each in the like sum 4 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 misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails 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 5 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal