1 2026:CGHC:10019 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 898 of 2026 Sushil Rajak S/o Dhaniram Rajak Aged About 28 Years R/o Village Badipura, Ps/ Tehsil Tanukheda, District Damoh (M.P.) ... Applicant versus State of Chhattisgarh Through Police Station Basna, District Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Shubhank Tiwari, Advocate For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.02.2026 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. 165/2023 registered at Police Station Basna, District Mahasamund (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that the police of Police Station Basna, District Mahasamund (C.G.), received a secret information from the informant and on the said information police conducted a RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 raid and seized 06 Kgs of Ganja from the joint possession of the present applicant and other co-accused. Thereafter, offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. He further submits that seized 06 Kgs of Ganja was not seized from the possession of the present applicant and other co-accused persons. He further submits that similarly situated co-accused person, namely, Aadarsh Bhavedi, has already been granted bail by this Court vide order dated 20.06.2023 in MCRC No. 2796/2023. He also submits that the applicant has no criminal antecedents in the State of Madhya Pradesh as well as State of Chhattisgarh and he is in jail since 24.03.2023 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant on the ground of parity. 4. On the other hand, learned Panel Lawyer opposes the bail application of the present applicant and submit that the charge- sheet has 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 from the possession of the present applicant total 06 Kgs of Ganja was seized, therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case that in the present bail application the charge-sheet has been filed before the competent Court, though the contraband article i.e. 06 kgs of Ganja was seized from the applicant, but the said contraband article is less than commercial quantity and further the fact that co-accused person, namely, Aadarsh Bhavedi, has already been granted bail by this Court vide order dated 20.06.2023 in MCRC No. 2796/2023, and the case of present applicant is identical to that of the co-accused persons and the applicant has no criminal antecedents in the State of Madhya Pradesh as well as State of Chhattisgarh and he is in jail since 24.03.2023 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Sushil Rajak, involved in Crime No. 165/2023 registered at Police Station Basna, District Mahasamund (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 he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in 4 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 his absence, without sufÏcient cause, the trial court may proceed against him 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 him, 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 sufÏcient 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. 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 Rahul Dewangan