1 2026:CGHC:24052 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3121 of 2026 Kashi Gautam S/o Mohan Lal Aged About 24 Years R/o Babuapara Post- Jagalpur Tehsil- Hadiya P.S. Utrav District- Prayagraj (U.P.) (Correctly Mentioned) --- Applicant(s) versus State Of Chhattisgarh Through The Police Station Sariya District- Sarangarh-Bilaigarh (C.G.) (Correctly Mentioned) --- Respondent(s) For Applicant(s) : Mr. Ankit Singh, Advocate. For Respondent(s) : Mr. Sourabh Sahu, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/06/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 grant of regular bail to the applicant who has been arrested in connection with Crime No. 234/2025 registered at Police Station Sariya District- Sarangarh-Bilaigarh (C.G.) under Section 20B of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 11.10.2025, the police of Police Station Sariya caught the present applicant and the co- accused person while transporting 10 packet of Ganja weighting 10 kg 565 gram on a Splendor Plus Motorcycle with registration no. UP-70CW-9951 and seized the said contraband from their joint possession, which led to the registration of alleged offence against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the joint possession of the applicant and co-accused intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 kgs and from the joint possession of the applicant and co-accused only 10.565 kgs Ganja has been seized. He later submits that the applicant has 3 no criminal antecedent and he is in jail since 11.10.2025, so far as the status of trial is concerned, out of 11 witnesses, the statement of only one witness has been recorded till date 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, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedent. He further submits that from the joint possession of the applicant and co-accused contraband article i.e. 10.565 kgs of Ganja is seized, therefore, the present applicant is not entitled for grant of bail. 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 and the fact that the applicant has no criminal antecedent and the contraband article i.e. 10.565 kgs Ganja recovered from the possession of the applicant is less than the commercial quantity and the charge-sheet has been filed in the present case before the competent Court, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 4 8. Let the Applicant - Kashi Gautam, involved in Crime No. 234/2025 registered at Police Station Sariya District- Sarangarh- Bilaigarh (C.G.) under Section 20B of the NDPS Act, be released on bail on his furnishing personal bond with two local 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, 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) 5 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. 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 Akhil