1 2026:CGHC:24054 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3104 of 2026 Ajay Gadpile S/o Devanand Gadpile Aged About 39 Years R/o- Yashodhara Nagar Near Authomatic Chowk Om Sai Oil Bhandar P.S. Yashodhara Nagar, District- Nagpur (M.H.) (As Per Challan) --- Applicant(s) versus State Of Chhattisgarh Through Police Station Devendra Nagar District- Raipur (C.G.) --- Respondent(s) MCRC No. 3158 of 2026 Durjan Nishad S/o Suresh Nishad Aged About 31 Years R/o Supeela Bhilai Gada Chowk Ballu Yadav Ka Makan Indeera Nagar P.S. Supeela, District - Durg (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through Police Station Devendra Nagar District - Raipur (C.G.) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 --- Respondent(s) For Applicant(s) : Mr. Ashish Gangwani, Advocate. For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/06/2026 1. The above mentioned two bail application arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 250/2025 registered at Police Station Devendra Nagar District - Raipur (C.G.) under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). 3. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of concerned Police Station seized 14.357 kgs of Ganja from the joint possession of applicants, which led to the registration of alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 3 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicants. He further submit 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 submit that from joint the possession of the applicants 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 applicants only 14.357 kgs Ganja has been seized. He later submit that the applicant, Ajay Gadpile has one criminal antecedent under the Motor Vehicle Act and applicant, Durjan Nishad has one criminal antecedent of the year 2021 under the Excise Act, the applicants are in jail since 20.12.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 5. 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. He further submits that from the joint possession of the applicants contraband article i.e. 14.357 kgs of Ganja was seized, so far as their criminal antecedents are 4 concerned, applicant, Ajay Gadpile has one criminal antecedent under the Motor Vehicle Act and applicant, Durjan Nishad has one criminal antecedent of the year 2021 under the Excise Act, therefore, the present applicants are not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and the fact that the applicants have only one criminal antecedent against each, applicant, Ajay Gadpile has one criminal antecedent under the Motor Vehicle Act and applicant, Durjan Nishad has one criminal antecedent of the year 2021 under the Excise Act and the contraband article i.e. 14.357 kgs Ganja recovered from the joint possession of the applicants, is less than the commercial quantity and the charge-sheet has been filed in the present case before the competent Court, as such, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly, the applications are allowed. 9. Let the Applicants - Ajay Gadpile and Durjan Nishad involved in Crime No. 250/2025 registered at Police Station Devendra Nagar District - Raipur (C.G.) under Section 20(b)(ii)(B) of the NDPS Act, be released on bail on their furnishing a personal bond with two local sureties with respect to applicant, Ajay Gadpile and a personal bond with two sureties with respect to applicant, 5 Durjan Nishad, in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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 applicants are deliberate or without sufficient cause, then it shall be open for the trial court to 6 treat such default as abuse of liberty of bail and proceed against them in accordance with law. 10. 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