1 2026:CGHC:23327 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4657 of 2026 1 - Rakesh Kumar S/o Jandu Thakur Aged About 40 Years (Wrongly Mentioned As Rakesh Thakur S/o Gendu Thakur In Page 1 Of A/1), R/o House No. 339, J. P. Nagar, Ward No. 22, Camp - 2, Bhilai, Tehsil And District - Durg (C.G.) (Wrongly Mentioned As Baikunthdham, Ward No. 31, Bhilai Chhawani, Distt - Durg (C.G.) In Page No. 1 Of A/1). 2 - Sanjay Ukey S/o Bal Kumar Ukey Aged About 44 Years (Wrongly Mentioned As Sanjay Uikey S/o Late Bal Kumar Uikey In Page No. 1 Of A/1) R/o Ward No. 22, J. P. Nagar, Camp - 2, Bhilai, Tehsil And District - Durg (C.G.) (Wrongly Mentioned As Baikunthdham, Ward No. 31, Bhilai Chhawani, Distt - Durg (C.G.) In Page No. 1 Of A/1). 3 - Parmanand Sahu S/o Kishan Sahuaged Aged About 36 Years R/o Baikunth Dham Ward No. 23, Camp - 2, Santoshi Para Bhilai, Tehsil And District - Durg (C.G.) (Wrongly Mentioned As Baikunthdham, Ward No. 31, Bhilai Chhawani, Distt - Durg (C.G.) In Page No. 1 Of A/1). 4 - Jaydeep Raulkar S/o Devdas Raulkar Aged About 44 Years (Wrongly Mentioned As Jagdeep Jagdish Raulkar In Page 1 Of A/1) R/o Quarter No. 357, Ward No. 22, J. P. Nagar, Camp - 2, Bhilai, Tehsil And District - Durg (C.G.) (Wrongly Mentioned As Baikunthdham, J. P. Nagar, Camp -2, Ward No. 31, Bhilai, Thana Chhawani, Distt - Durg (C.G.) In Page No. 1 Fo A/1). ... Applicants ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2026.05.20 12:45:43 +0530 2 versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Fingeshwar, District - Gariyaband (C.G.) ... Non-applicant For Applicants : Mr. Adarsh Rajput, Advocate For Non-applicant : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 1 5.05.202 6 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.31/2026, registered at Police Station – Fingershwar, District- Gariyaband (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story, in brief, is that Fingeshwar Police Station received a secret information, acting upon secret information, the police intercepted applicant Nos.1 to 3 while they were travelling on a motorcycle and during search recovered 11.300 kilograms of contraband Ganja from a side bag and from beneath the seat of the motorcycle. It is alleged that during interrogation, applicant Nos.1 to 3 disclosed that they were transporting the aforesaid contraband from Odisha for applicant No.4, pursuant to which applicant No.4 was also implicated and arrested in the present crime. Hence this bail application. 3. Learned counsel for the applicants submits that the applicants are 3 innocent and have been falsely implicated in the present case. It is submitted that the charge-sheet has already been filed and the alleged recovery of Ganja is of intermediate quantity. Learned counsel further submits that the commercial quantity prescribed for Ganja under the NDPS Act is more than 20 kilograms, whereas in the present case only 11.300 kilograms of Ganja has been recovered from the joint possession of the applicants. It is further submitted that there are no criminal antecedents against the applicants, applicant Nos.1 to 3 are in custody since 03.02.2026 and applicant No.4 is in custody since 29.03.2026, and conclusion of trial is likely to take considerable time. Therefore, prayer has been made for grant of regular bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that 11.300 kilograms of Ganja has been recovered from the joint possession of the applicants and considering the nature and gravity of the offence, they are not entitled to be enlarged on bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions advanced by learned counsel for the parties, particularly taking into consideration the fact that 11.300 kilograms of Ganja has been seized from the joint possession of the applicants, which is less than the commercial quantity prescribed under the NDPS Act, that the charge-sheet has already been filed, that applicant Nos.1 to 3 are in custody since 03.02.2026 and 4 applicant No.4 is in custody since 29.03.2026, and further considering that conclusion of trial is likely to take considerable time, this Court is of the opinion that the applicants are entitled to be released on bail. 7. 7. Let the applicants, Rakesh Kumar, Sanjay Ukey, Parmanad Sahu & Jaydeep Raulkar involved in Crime No.31/2026, registered at Police Station – Fingershwar, District- Gariyaband (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 their furnishing a personal bond with two 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 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 applicants shall remain present before the trial court on each date fixed, either personally or through them counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court 5 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 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 applicant is deliberate or without sufficient 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. Office 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 Saxena