1 2026:CGHC:2445 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 495 of 2026 Satyendra Kumar Sahu S/o Ram Sahu Aged About 49 Years R/o Village Orma, Police Station And Tahsil Balod, District Balod (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - The Station House O/cer Police Station Balod, District Balod (C.G.) ... Non-applicant(s) For Applicant : Mr. Jitendra Gupta, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/01/2026 1. This is the 7rst bail application 7led under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 391/2025 registered at Police Station Balod, District - Balod (C.G.), for the o<ence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the concerned police received secret information and on the basis of the said information, KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 a raid was conducted, during which a total of 1 kg 118 grams of contraband illicit ganja was recovered from the possession of co- accused Amrit Lal Parthi. On the basis of the memorandum statement of the co-accused, the present applicant has been arrested. Therefore, the aforesaid o<ence was registered against them. 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 possession of the 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 possession of the co-accused only 1.118 kg Ganja has been seized and further the fact that the applicant has been arrested only on the basis of memorandum statement of the co-accused. It is further submitted by the learned counsel for the applicant that the applicant has no previous criminal antecedent and he is in jail since 09.10.2025 and further the fact that the co-accused namely Amrit Lal Pardhi has already been granted bail by this Court in MCRC No. 8324/2025 vide order dated 11.12.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 4. On the other hand, learned counsel appearing for the State/non- applicant opposed the bail application and submits that in the present case, charge-sheet has been 7led before the competent Court and also endorse the said submission that the applicant has no previous criminal antecedent. She further submits that from the possession of the co-accused, contraband article i.e. 1.118 kg of Ganja has seized and the present applicant has been arrested on the basis of memorandum statement of the co-accused, hence it is an organized crime, 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 that the applicant has no previous criminal antecedent and the contraband article which has been recovered from the possession of the co-accused i.e. 1.118 kg Ganja which is less than intermediate quantity and further the applicant has been arrested only on the basis of memorandum statement of the co-accused, who has been granted bail by this Court in MCRC No. 8324/2025 vide order dated 11.12.2025 and in the present case, charge-sheet has been 7led 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 bail application of the applicant is allowed. 8. Let the Applicant- Satyendra Kumar Sahu, involved in Crime No. 391/2025 registered at Police Station Balod, District - Balod (C.G.), 4 for the o<ence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, be released on bail on his 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 7le an undertaking to the e<ect that he shall not seek any adjournment on the dates 7xed 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 7xed, either personally or through his counsel. In case of his absence, without su/cient 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 7xed 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 7xed for (i) opening of the case, (ii) framing of charge and (iii) recording of 5 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without su/cient 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. O/ce is directed to send a certi7ed copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Kunal