1 2026:CGHC:24046 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3383 of 2026 Jitendra Kashyap S/o Ompal Kashyap Aged About 27 Years R/o Village Sadalpur Rajgarh, Police Station Sadalpur, District Churu (Rajsthan) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Ganj, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Divyansh Shukla, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 242/2025 registered at Police Station Ganj, District Raipur (C.G.) for the offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story, in brief, is that secret information was received by the police of Police Station Ganj, District Raipur (C.G.), through an informant, and on the basis of such information, the police seized a total quantity of 15.100 kgs of Ganja from the joint possession of the applicant ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.06.17 11:12:21 +0530 2 and the co-accused persons. Thereafter, the applicant was arrested by the police and the aforesaid offence was registered against him. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits 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 possession of the applicant intermediate quantity of Ganja was 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 other co-accused persons only 15.100 kgs of Ganja was seized. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedents. He further submits that the applicant is in jail since 19.09.2025, 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. 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 article, i.e., 15.100 kg of Ganja, was recovered from the joint possession of the applicant and the co- accused persons and that the quantity involved is less than the commercial quantity, coupled with the fact that the applicant has no criminal antecedents under the NDPS Act, this Court finds that the 3 charge-sheet has already been filed before the competent Court and the applicant has been in custody since 19.09.2025. As 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. Let the Applicant - Jitendra Kashyap, involved in Crime No. 242/2025 registered at Police Station Ganj, District Raipur (C.G.) for the offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 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. 4 (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 send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek