1 2026:CGHC:23479 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4908 of 2026 Dharmendra Soni S/o Satyanarayan Soni Aged About 28 Years R/o Akharabhantha P.S. Basna, District- Mahasamund (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, P.S. Sankara District- Mahasamund (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Parth Kumar Jha, Advocate. For Non-applicant/State : Ms. Sunita Manikpuri, Dy. Govt. Advocate. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 26/05/2026 1. This is the first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by the applicant for grant of regular bail, as he has been arrested in connection with Crime No. 45/2026, registered at Police Station Sankara, District Mahasamund (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 2. The prosecution's story in brief is that, the concerned Police Station received secret information through an informant on 03.03.2026 during Digitally signed by ALOK SHARMA Date: 2026.05.26 17:20:22 +0530 2 patrolling that co-accused Titu @ Solan Das was illegally keeping contraband ganja in his scooter for the purpose of sale. Acting upon the said information, the police intercepted the scooter and seized 4.87 kg of contraband ganja from the possession of co-accused Titu @ Solan Das. Thereafter, on the basis of his memorandum statement, the police conducted a search of his house and seized a further quantity of 13.600 kg of contraband ganja. In the memorandum statement, co- accused Titu @ Solan Das allegedly disclosed that the seized contraband had been procured from co-accused Piyush Sharma and the present applicant. As a result thereof, the police registered an offence punishable under Sections 20(B) and 29 of the N.D.P.S. Act against the accused persons, and the present applicant was arrested on 04.03.2026 on the basis of the memorandum statement of the co- accused. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and is innocent of the allegations levelled against him. It is contended that no contraband ganja has been recovered from the possession of the applicant or at his instance, and his implication is based solely on the memorandum statement of co-accused Titu @ Solan Das, which, in the absence of any corroborative material, has limited evidentiary value. The entire quantity of 13.600 kg of ganja was recovered from the house of co- accused Titu @ Solan Das and no recovery whatsoever has been effected from the present applicant. It is further submitted that there is no independent evidence connecting the applicant with the alleged offence and that he has been implicated merely on the basis of the 3 disclosure statement of the co-accused. He further submits that the applicant has no criminal antecedents. The charge-sheet has already been filed, no further custodial interrogation is required, and the applicant has been in judicial custody since 04.03.2026. Therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature of allegations levelled against the present applicant, and taking into consideration that no contraband has been recovered from the possession of the applicant, his implication is based primarily on the memorandum statement of the co-accused, he has no criminal antecedents, the charge-sheet has already been filed before the competent Court, the applicant has been in judicial custody since 04.03.2026, and the conclusion of the trial is likely to take some time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Dharmendra Soni, involved in Crime No. 45/2026, registered at Police Station – Sankara, District Mahasamund (C.G.) for the offence punishable under Section 20(b) of the N.D.P.S. Act, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the 4 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, 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/- (Bibhu Datta Guru) Judge Alok