1 2026:CGHC:14086 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1751 of 2026 Raibaru Bade S/o Jaganath Bade Aged About 50 Years R/o Bausbeda, Post Benora, P.S. Umarkot, District Navrangpur (Odisha) ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer Police Station Kondagaon, District Kondagaon, Chhattisgarh. ---- Non-Applicant(s) For Applicant : None. For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.03.2026 1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since 25.11.2025. Hence, this Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 3. The applicant has preferred this First Bail Application under Section 483 of BNSS for grant of regular bail, as he has been arrested in connection with Crime No. 386/2025, registered at Police Station- Kondagaon, District- Kondagaon, (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 4. The case of the prosecution, in brief, is that on the basis of the First Information Report it is alleged that on 25.11.2025 the police received information from a मुखबिर (informant) that a red motorcycle bearing registration No. OD-10 N 9316 was carrying contraband ganja in a black bag and was proceeding from Odisha towards Kondagaon, acting upon the said information, the police laid a trap and intercepted the said motorcycle and upon search 05 packets containing total 4.220 kilograms of ganja were recovered from the possession of the present applicant and co- accused, thereafter a crime was registered against them on the same day, the present applicant was arrested and since then he is in judicial custody. 5. Learned State counsel, appearing for the State/non-applicant, opposes the bail application and submits that in the present case the charge-sheet has already been filed before the competent Court. She further submits that although the applicant has no criminal antecedents in Odisha, a contraband article i.e. 4.220 kilograms of ganja has been seized from the joint possession of the applicant along with the co-accused and therefore, considering the nature and 3 gravity of the offence, the present applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and further the fact that the charge-sheet has already been filed before the competent Court, coupled with the circumstance that the applicant has no criminal antecedents and the contraband article i.e. 4.220 kilograms of ganja seized from the joint possession of the applicant along with the co-accused, is less than intermediate quantity, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 8. Accordingly, the bail application of the applicant is allowed. 9. Let the Applicant- Raibaru Bade, involved in Crime No. 386/2025, registered at Police Station- Kondagaon, District- Kondagaon, (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, be released on bail on his 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 court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of 4 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. 10. 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