1 2026:CGHC:26388 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5671 of 2026 Surendra Kumar Lashkar S/o Late Shri Ramkumar Lashkar Aged About 20 Years R/o Baropi, P.S. - Bhatgaon, District - Surajpur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Jaynagar, District - Surajpur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Bhupendra Singh, Advocate. For Respondent(s) : Ms. Ankita Shukla, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/06/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 81/2026 registered at Police Station Jaynagar, District - Surajpur (C.G.) for the offence punishable under Sections 20(b) and 29 of the NDPS Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 06.03.2026, the police officials of Police Station Jaynagar intercepted co-accused Surendra Kumar Lashkar and Jeevdhan Paikra and allegedly recovered 9.990 kg of ganja, which is a quantity above the small quantity but below the commercial quantity. During the course of investigation, the present applicant was implicated and arrested for the alleged commission of offences punishable under Sections 20(b) and 29 of the NDPS Act. Upon completion of the investigation, the police filed the charge-sheet before the competent Court against the applicant and the co-accused. 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 co-accused persons 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 co-accused persons only 4.800 kg Ganja has been seized. He later submits that co-accused, namely, Parmeshwar Dewangan has already been granted bail by this Court vide order dated 18.06.2026 passed in MCRC No.5300 of 3 2026, further the applicant has no criminal antecedent and he is in jail since 06.03.2026 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 State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant allegedly conspired with the co-accused in relation to the possession and transportation of 9.990 kg of ganja and thereby committed the alleged offence, but could not dispute the fact that co-accused, namely, Parmeshwar Dewangan has already been granted 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. 9.990 kg Ganja recovered from the joint possession of co-accused persons is less than the commercial quantity prescribed under the NDPS Act, further co-accused, namely, Parmeshwar Dewangan has already been granted bail by this Court vide order dated 18.06.2026 passed in MCRC No.5300 of 2026 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 applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 4 8. Let the Applicant-Surendra Kumar Lashkar, involved in Crime No. 81/2026 registered at Police Station Jaynagar, District - Surajpur (C.G.) for the offence punishable under Sections 20(b) and 29 of the NDPS Act, be released on bail on his furnishing a 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil