1 2026:CGHC:24110 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3660 of 2026 1 - Chunelal Bagh S/o Turu Bagh Aged About 19 Years Occupation- Laborer, R/o Village Parwansar, Police Station Rajakhariyar, District- Nuapada (Orissa) 2 - Chandra Tandi S/o Vasu Tandi Aged About 30 Years Occupation- Laborer, Village Bargaon, Police Station Budhen, R/o District- Nuapada (Orissa) ... Applicants versus State Of Chhattisgarh Through The Police Station Komakhan, Distt. Mahasamund (C.G.) ... Non-applicant For Applicants : Mr. Deepak Jain, Advocate For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.06.2026 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 applicants who have been arrested in connection with Crime No. 29/2026 registered at Police Station - Komakhan, District - Mahasamund, (C.G.) for the offence under Sections 20(B) of the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.16 18:35:53 +0530 2 Narcotic Drugs and Psychotropic Substances Act. 2. Case of the prosecution, in brief is that on 06.03.2026 at 13.50 PM Information was received from an informer that a person riding a grey colour Activa scooter number CG 04 NC 0372 and two persons riding a black colour Hero Splendor motor cycle number CG 04 NJ 8116 were coming from Orissa towards Chhattisgarh carrying illegal Ganja. On the above information, the police were standing near Suvarmal School on NH 353 to cordon off the area. At the same time, on seeing the police, the driver of grey colour Activa scooter number CG 04 NC 0372 and the driver of black colour Hero Splendor motor cycle number CG 04 NJ 8116 turned their vehicle towards Komakhan and started running away. They were chased and caught on the unpaved road in front of the Gauthan of village Suvarmal. On asking the name and address, the scooter number CG was given. The driver of 04 NC 0372 gave his name as Sandeep Devnani and the driver of Hero Splendor motor cycle number CG 04 NJ 8116 gave his name as Chunelal Bagh and the person sitting behind holding the plastic bag gave his name as Chandra Tandi. The accused told that the narcotic substance Ganja was being taken from Orissa to Raipur, Chhattisgarh for sale. On search, 01 packet of narcotic substance 3kg Ganja, wrapped with khaki colored tape, was found in the trunk under the seat of the grey colored Activa scooter number CG 04 PN C 0372 of Sandeep Devnani and 07 kg of illegal narcotic substance Ganja was found in a silver colored plastic bag kept between the seats of Hero Splendor motor cycle number CG 04 NJ 8116 in the possession of Chunelal Bagh, Chandra Tandi. It was found. Which was recovered from the joint possession of the accused Chunelal Bagh, Chandra Tandi and Sandeep Devnani 3 total 10 kg Ganja. After seizing it, they were duly arrested and at the Komakhan police station, crime number 29/2026 under section 20 (b) of the NDPS Act was registered against the accused Chunelal Bagh, Chandra Tandi and Sandeep Devnani and a first information report was filed. During the investigation, accused Trivikram Patel alias Montu Patel was found involved in the case on the basis of providing illegal drugGanja to the accused and he was arrested.. Police registered the case offence under section U/s 20 (b) of Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Learned counsel for the applicant submits that the present applicants are innocent persons and have been falsely implicated in the present case without there being any cogent or legally admissible evidence against them. It is submitted that the applicants have been arrested merely on the basis of the memorandum statements of the co-accused persons, which by itself is not substantive evidence against the applicants. It is further submitted that, as per the prosecution case itself, during the search proceedings, 3 kilograms of Ganja was allegedly recovered from an Activa scooter bearing registration No. CG-04-PN-C-0372 and 7 kilograms of Ganja was allegedly recovered from a Hero Splendor motorcycle bearing registration No. CG-04-NJ- 8116. Thus, the alleged contraband was recovered separately from different vehicles and from different persons; however, the prosecution has chosen to register a joint case against all the accused persons without any material demonstrating common possession or conspiracy. The applicants have remained in judicial custody since 06.03.2026. They are permanent residents of the addresses mentioned in the cause-title and there is no likelihood of their absconding or tampering 4 with the prosecution evidence or influencing any witness. The applicants are ready and willing to furnish adequate sureties and to abide by all such terms and conditions as may be imposed by this Hon'ble Court while granting bail. Any other grounds, if necessary, may be urged at the time of hearing with the permission of this Hon'ble Court. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has already been filed before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that the contraband allegedly recovered is less than the commercial quantity prescribed under the NDPS Act, and further considering that the charge-sheet has already been filed before the competent Court, the applicants have no criminal antecedents, have remained in judicial custody since 06.03.2026, and the conclusion of the trial is likely to take considerable time, this Court is of the considered opinion that the applicants are entitled to be enlarged on bail in the present case. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the Applicants – Chunelal Bagh & Chandra Tandi, involved in Crime No. 29/2026 registered at Police Station - Komakhan, District - Mahasamund, (C.G.) for the offence under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, be released on bail on furnishing personal bond with two local sureties each in the like 5 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 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 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 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 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 them in accordance with law. 9. Office 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 vaibhav