1 2026:CGHC:21647 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3196 of 2026 Farsu Ram @ Prince Chouhan S/o Shri Amarsay Chouhan Aged About 27 Years R/o Village Barkhoriya Thana Lailunga District- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station House OfÏcer P.S. Shankargarh District- Balrampur-Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Pankaj Kumar, Advocate For Non-applicant : Ms. Ankita Shukla, P.L. 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 Bhartiya Nagarik Suraksha Sanhita, 2023 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 ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.11 17:30:31 +0530 2 punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 2. The prosecution story, in brief, is that on 13.02.2026, on the basis of secret information regarding illegal transportation and sale of Ganja, the concerned Police Station registered the aforesaid crime. During investigation, the police intercepted two persons namely Chhavi @ Monu Sahu and another person, who were travelling on motorcycle bearing registration No. CG-13-V-3982 from Gamhardih towards Bhagwantpur. Upon search, 4 kilograms and 204 grams of Ganja was allegedly recovered from a black coloured bag kept on the motorcycle. During interrogation, co-accused Chhavi @ Monu Sahu allegedly disclosed in his memorandum statement that the seized contraband had been purchased from the present applicant namely Farsu Ram @ Prince Chauhan for a sum of Rs.40,200/-. On the basis of the said memorandum statement and other material collected during investigation, the present applicant was implicated and arrested in the case. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and his name does not find place in the FIR. It is submitted 3 that no contraband has been recovered from the possession of the applicant and his implication is solely based upon the memorandum statement of co-accused Chhavi @ Monu Sahu recorded during investigation. He further submits that the alleged seized contraband i.e. 4 kilograms and 204 grams of Ganja falls below the commercial quantity prescribed under the NDPS Act. It is further submitted that the applicant is in custody since 13.03.2026, charge-sheet has already been filed and the applicant has no criminal antecedents. Hence, it is prayed that the applicant be enlarged on bail. 4. Learned State counsel opposes the bail application and submits that the present applicant has been specifically implicated in the memorandum statement of co-accused Chhavi @ Monu Sahu, wherein it has been disclosed that the seized contraband was purchased from the present applicant. It is further submitted that sufÏcient material has been collected during investigation indicating involvement of the applicant in the alleged offence under the NDPS Act. Therefore, he prays for rejection of the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Considering the rival submissions of learned counsel for the parties, the fact that no contraband has been recovered from the possession of the present applicant and his implication is based solely upon the memorandum statement of the co- accused, coupled with the fact that the applicant is in custody since 13.03.2026, charge-sheet has not yet been filed and the applicant has no criminal antecedents. It is also taken into consideration that the alleged seized contraband i.e. 4 kilograms and 204 grams of Ganja is below commercial quantity. Accordingly, without commenting upon the merits of the case, the bail application is allowed. 7. Let the Applicant – Farsu Ram @ Prince Chouhan 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 the Narcotic Drugs and Psychotropic Substances Act, be released on bail on his furnishing 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 5 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, 6 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 Arpan