1 2026:CGHC:24108 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3454 of 2026 Sandeep Devnani S/o Ashok Devnani Aged About 20 Years R/o Shubhash Nagar, Gali No. 1, Telibandha, Police Station - Telibandha, Raipur, Tehsil And District - Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Komakhan, District : Mahasamund, Chhattisgarh ... Non-applicant For Applicant : Mr. Pawan Kesharwani, 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 applicant who has 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 Narcotic Drugs and Psychotropic Substances Act. 2. Case of the prosecution, in brief is that on 06.03.2026, the police, while on patrolling duty, received secret information that certain persons VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.16 18:35:52 +0530 2 were transporting illegal narcotic substance (Ganja) from Odisha to Chhattisgarh on two vehicles. Acting upon the said information, the police laid interception near Suarmaal and apprehended the applicant along with co-accused persons. Upon search, 03 kilograms of Ganja is alleged to have been recovered from the possession of the applicant from a grey Activa scooter, while remaining contraband was recovered from the co-accused persons, making the total alleged seizure 10 kilograms. On the basis of said seizure, offence under Section 20(b) of the N.D.P.S. Act has been registered against the applicant and co- accused persons. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. He further submits that applicant has not committed any act constituting an offence under Section 20(b) of the NDPS Act and there is no direct or indirect material on record demonstrating his involvement in the alleged offence. The applicant is a young man aged about 20 years and is a labourer by profession, earning his livelihood through daily wage work and maintaining himself as well as his dependent family members. He is the sole breadwinner of his family and, due to his incarceration, his family is facing severe financial, mental and physical hardship. The applicant has no criminal antecedents and there are no past or pending criminal cases against him, which clearly indicates that he is not a habitual offender. There is no likelihood of the applicant tampering with the prosecution evidence or influencing any witness in any manner whatsoever. The applicant has been in judicial custody since 06.03.2026 and his continued detention is unwarranted. The applicant is a permanent resident of Subhash Nagar, Gali No. 1, 3 Telibandha, Police Station Telibandha, Tehsil and District Raipur (C.G.), and therefore there is no possibility of his absconding or evading the process of law. The applicant is ready and willing to furnish adequate surety and to abide by all such terms and conditions as may be imposed by this Hon'ble Court while granting bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed before the competent Court. She further submits that the contraband article, i.e., 3 kgs of ganja, has been seized from the applicant, and therefore, the present applicant is not entitled to the 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, particularly that the contraband article, i.e., 3 kgs of ganja, was seized from the possession of the present applicant, which is less than commercial quantity, and further considering that the applicant has no criminal antecedents, that the charge-sheet has already been filed before the competent Court, that he is in custody since 06.03.2026, and that the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the Applicant – Sandeep Devnani , 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 4 Psychotropic Substances Act, be released on bail on furnishing 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, 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. 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