1 2026:CGHC:23265 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4620 of 2026 1 - Ajay Dewangan S/o Jugaru Dewangan Aged About 40 Years R/o Shikshak Nagar, Mungeli, Police Station Mungeli, Distt. Mungeli , Chhattisgarh 2 - Komal Yadav S/o Balaram Yadav Aged About 22 Years R/o Kharripara Vinoba Bhave Ward, Mungeli Chhattisgarh 3 - Krishna Kamal Dahire S/o Raghuraj Dahire Aged About 22 Years R/o Ambedkar Ward No. 13, Mungeli Chhattisgarh ... Applicant(s) versus 1 - State of Chhattisgarh Through Police Station Mungeli, Distt. Mungeli (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Chanmeet Singh Chhabra, Advocate For Respondent(s) : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.05.2026 1. The applicant has 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. 60/2026, registered at Police Station – Mungeli, District – Mungeli (C.G.) for the offence punishable under VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.19 15:49:25 +0530 2 Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story, in brief, is that Sub-Inspector Parakh Ram Sahu of Police Station Mungeli, on 17.02.2026, received information through an informer that three persons were searching for customers to sell brown sugar illegally in the grounds of B.R. Sao Schoo! Mungeli. Reaching B.R. Sao School Mungeli, the accused were searched in front of the witnesses, in a transparent plastic pouch, 7 separate packets of brown sugar like narcotic substance weighing 5.68 grams worth Rs. 25000 and one Oppo company mobile phone were found from the possession of Ajay Dewangan, 6.30 gms of brown sugar like narcotic substance worth Rs. 30000, one Vivo Company phone, one Pulsar Motor Cycle CG 09 JF 5822 from the possession of Krishna Kamal Dahire, 3 packets of brown sugar like narcotic substance weighing 2.53 gms worth of Rs.10,000/- and 1 Oppo company phone. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the joint possession of the applicants 7 separate packets of brown sugar like narcotic substance weighing 5.68 grams worth Rs. 25000 and one Oppo company mobile phone were found from the possession of Ajay Dewangan, 6.30 gms of brown sugar like narcotic substance worth Rs. 30000, one Vivo Company phone, one Pulsar Motor 3 Cycle CG 09 JF 5822 from the possession of Krishna Kamal Dahire, 3 packets of brown sugar like narcotic substance weighing 2.53 gms worth of Rs.10,000/- and 1 Oppo company phone. It is further submitted that there is only one criminal antecedents of the applicant No.1 for offence under Section 279, 337, 294, 506, 323 of IPC in crime No. 760 of 2021, and they are in jail since 17.02.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there is only one criminal antecedents of the applicant No.1 and from the joint possession of the applicant total 14.57 grams of Brown Sugar was recovered, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Ganja seized from the joint possession of the applicant total 14.57 grams of Brown Sugar was recovered, which is less than commercial quantity. Also considering the fact that charge-sheet has been filed, and further that applicants have no criminal antecedent under the NDPS Act, the applicants are in jail since 17.02.2026 and the conclusion of the trial is likely to take sometime, I am of 4 the opinion that the applicants are entitled to be released on bail in this case. 7. Let the applicants Ajay Dewangan, Komal Yadav and Krishna Kamal Dahire involved in Crime No.60/2026, registered at Police Station – Mungeli, District – Mungeli (C.G.) for the offence punishable under Section 21(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 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 sufficient 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, 5 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 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 Vaishali