1 2026:CGHC:26900 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5802 of 2026 Heera Lal Verma, S/o - Panchu Ram Verma Aged About 37 Years R/o- Thakkar Baba, Ward No. 09 Lodhipara Gudhiyari Bindra Navgarh P.S. Gudhiyari District- Raipur (C.G.) (As Per Challan) ... Applicant versus State Of Chhattisgarh Through Police Station- Dongargarh District- Rajnandgaon (C.G.) ...Non-applicant For Applicant : Mr. Ashish Gangwani, Advocate. For Non-applicant/State : Ms. Smita Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 01.07.2026 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.210/2026 registered at Police Station – Dongargarh District- Rajnandgaon (C.G.), for the offences punishable under Section 20(B) of the N.D.P.S. Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.02 11:19:15 +0530 2 2. The case of the prosecution is that, on receiving information from the informer on dated 23.04.2026, Police Station Dongargarh, police has recovered 5.610Kg of Ganja/Drugs from possession of 2 other co- accused and on the basis of the co-accused memorandum, applicant was arrested on 27.04.2026 Thereafter, the police registered crime no. 210/2026 and applicant arrested in this matter. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has neither committed nor participated in the alleged offence. It is contended that there is no direct or cogent material on record to prima facie establish the applicant's involvement in the crime and that no complete chain of circumstantial evidence exists against him. It is further submitted that the applicant has been in judicial custody since 27.04.2026 and is the sole breadwinner of his family, whose continued incarceration has caused severe financial hardship to his dependants. Learned counsel submits that a total quantity of 5.610 kg of ganja was seized from the possession of the other co-accused, which is below the commercial quantity prescribed under the NDPS Act. It is further contended that the principal accused, Mohit alias Montu Malekar, had borrowed a sum of Rs.4,000/- from the applicant in March 2026 for payment of house rent and subsequently repaid the said amount by depositing it into the applicant's bank account. The applicant had no knowledge as to the source of the said amount or that it was allegedly connected with any illegal activity, nor did he assist or participate in any such activity. It is submitted that despite the applicant disclosing these facts to the investigating agency, he has been implicated merely on the basis of the said bank transaction without any fair or impartial 3 investigation. Learned counsel further submits that no contraband was recovered from the conscious possession of the applicant, the alleged narcotic substance neither belonged to nor was possessed by him, and there is no material to show that he was transporting or dealing with the same. The applicant is a law-abiding citizen belonging to a respectable family, is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding or tampering with the prosecution evidence or influencing the witnesses. The applicant undertakes to cooperate with the trial, furnish adequate surety, and abide by all such terms and conditions as may be imposed by this Hon'ble Court. Accordingly, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has one previous criminal antecedent, therefore, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, it is observed that the contraband article recovered from the possession of the applicant is less than the commercial quantity as prescribed under the NDPS Act. Further, considering the fact that the charge-sheet has already been filed before the competent Court, that the applicant has one previous criminal antecedents, and that the applicant has been in judicial custody since 27.04.2026, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that 4 the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Heera Lal Verma, involved in Crime No.210/2026 registered at Police Station – Dongargarh District- Rajnandgaon (C.G.), for the offences punishable under Section 20(B) of the N.D.P.S. Act, be released on bail on his 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 his 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. 8. 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