1 2026:CGHC:23815 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4124 of 2026 Balram Yadav S/o Shri Late Dev Charan Yadav Aged About 36 Years R/o Matiyari, P.S. Seepat District- Bilaspur (Chhattisgarh) ...Applicant versus State Of Chhattisgarh Through Police Station- Koni, District- Bilaspur (Chhattisgarh) ... Non-applicant For Applicant : Mr. Umakant Singh Chandel, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.06.2026 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. 67/2026 registered at Police Station – Koni, District - Bilaspur (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 112 of the BNS. 2. The prosecution case, in brief, is that on on 18.02.2026, the Koni Police, acting on information received from a informant, raided the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.16 10:57:44 +0530 2 residence of applicant Home. During this operation, the police allegedly recovered 3.7 kilograms of ganja (cannabis), which had been packaged for individual sale. police have seized 3.7 kg. contraband Ganja and Mobile and RS 1550 / of money from place of incident at open place, and thereafter prepared the seizure memo and arrested the applicant on 18.02.2026 for alleged offence publishable under section 20 (b) of the N.D.P.S. Act and 112 of BNS. 3. Learned counsel for the applicant submits that the applicant is innocent and has no connection whatsoever with the alleged offence. The applicant has been in judicial custody since 19.02.2026 and is the sole earning member of his family; therefore, his prolonged pre-trial detention is causing severe hardship to his dependents and adversely affecting their livelihood. The applicant has been implicated merely on the basis of the memorandum statement of a co-accused, and no psychotropic substance has been seized from his possession. Even if the entire prosecution case is accepted at its face value, the essential ingredients required to constitute the offences under Section 20(B) of the NDPS Act and Section 112 of the B.N.S. are not made out against the applicant. The investigation has not culminated in the filing of a charge-sheet, and the trial is likely to take considerable time to conclude; therefore, continued incarceration of the applicant for an indefinite period would amount to pre-trial punishment. The applicant's detention is gravely affecting his future and causing undue hardship to his family. It is further submitted that the mere pendency of criminal cases cannot be the sole ground for rejection of bail, as held by the Hon'ble Supreme Court in Prabhakar Tiwari v. State of U.P. & Another, (2020) 11 SCC 648, wherein it was reiterated that bail is the rule and 3 jail is the exception. The applicant reserves his right to raise additional grounds at the time of hearing and undertakes to abide by all conditions that may be imposed by this Hon'ble Court. Being a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence, and therefore he deserves to be enlarged on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant. He further submits that from the possession of the applicant contraband article i.e. 3.7 kgs ganja from possession of the applicant and applicant has six criminal antecedents therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, it is observed that 3.7 kgs of Ganja was allegedly recovered from the possession of the applicant, which is less than the commercial quantity prescribed under the NDPS Act, that the charge-sheet has already been filed before the competent Court, and that he has been in judicial custody since 19.02.2026, and further considering that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail. 7. 7. Let the Applicant - Balram Yadav involved in Crime No. 67/2026 registered at Police Station – Koni, District - Bilaspur (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 112 of the BNS, be released on bail on furnishing personal bond with two local sureties in the like 4 sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that she 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 her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha ) Chief Justice vaibhav