1 2026:CGHC:21646 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3787 of 2026 Chhavi Sahu @ Monu S/o Tejram Sahu Aged About 26 Years R/o Indira Nagar In Front Of Shiv Mandir, Jamnipali, Police Station And Tahsil- Darri, District- Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House OfÏcer, Police Station- Shankargarh, District- Balrampur-Ramanujganj (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Aditya Khare, Advocate. For Non-applicant(s) : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/05/2026 1. This is the First bail application filed under Section 483 of the BNSS, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 24/2026 registered at Police Station – Shankargarh, District- Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 20(b)(ii)(B) of NDPS Act. 2. As per the prosecution story, on 13.02.2026, the Assistant Sub- Inspector of Police Station Shankargarh, namely Rafail Tirkey, received a secret information from an informant that the applicant KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 was illegally transporting cannabis in a motorcycle bearing registration No. CG-13-V-3982 from Gamhardih towards Bhagwatpur. Acting promptly on the said information, the police party conducted a raid and intercepted the applicant. During search and seizure proceedings, 4.204 kg of cannabis was allegedly recovered from the possession of the applicant. Thereafter, the contraband was seized on the spot and necessary proceedings under the NDPS Act were initiated against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no contraband article was seized from the exclusive possession of the applicant. 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 possession of the applicant 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 possession of the applicant only 4.204 kg contraband (Ganja) has been seized. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedent and he is in jail since 13.02.2026 and in the present case, charge-sheet has been filed and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 4. On the other hand, learned State Counsel, appearing for the State/non-applicant would oppose 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 applicant has no criminal antecedent and from the possession of the applicant contraband article i.e. 4.204 kg of Ganja has been seized, which is less than intermediate quantity however, looking to the seriousness of the case, 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. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the offence levelled against the applicant and further the fact that in the present case charge-sheet has been filed before the competent Court and the applicant has no criminal antecedents and further considering that the quantity of contraband allegedly recovered from the possession of the applicant, i.e., 4.204 kg of Ganja, is less than intermediate quantity, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Chhavi Sahu @ Monu, involved in Crime No. 24/2026 registered at Police Station – Shankargarh, District- Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 20(b)(ii)(B) of NDPS Act, be released on bail on his 4 furnishing a personal bond with two 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 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 5 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal