1 2026:CGHC:27280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.3664 of 2026 Himanshu Yadav S/o Shri Manoj Yadav Aged About 20 Years R/o Railway Colony Ward No.24, Police Station GPR, District- Jharsuguda Odisha ... Applicant versus State Of Chhattisgarh Through Officer-In Charge Police Station - Tarbahar District- Bilaspur (C.G.) ... Non-Applicant ____________________________________________________ For Applicant :Mr. Vivek Kumar Agrawal, Advocate. For Non-applicant/State :Ms. Palak Dwivedi, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.03 11:28:45 +0530 2 connection with Crime No.58/2026 registered at Police Station – Tarbahar, Bilaspur, District Bilaspur (C.G.), for the offences under Sections 20(B) and 29 of NDPS Act. 2. Case of the prosecution in brief is that on 19.02.2026, the police received secret information that the Applicant was in possession of illegal contraband (ganja). Acting upon the said information, the police apprehended the accused/Applicant and conducted a search, during which 10.594 kilograms of ganja was recovered from his possession. Based on the above allegations, the present offences have been registered against the present Applicant. Hence this application. 3. Learned counsel for the Applicant submits that the Applicant is innocent, he has been falsely implicated in the present case and is behind the bars since since 19.02.2026. He further submits that the Applicant is a student of Mechanical Engineering at Black Diamond College of Engineering and Technology, Jharsuguda (Odisha) and his continued incarceration is seriously affecting his academic pursuits, as regular attendance and participation in academic activities are mandatory. It is also submitted that the Applicant is HIV positive and is undergoing regular medical treatment, requiring periodic medical examination and medication. 3 Additionally, the Applicant had met with an accident prior to his arrest and sustained injuries to his mouth/upper palate, due to which he requires continuous medical care and supervision. He lastly submits that the trial is likely to take considerable time for its conclusion and therefore, the Applicant deserves to be enlarged on regular bail. 4. On the other hand, learned Counsel for the State opposes the bail application but fairly submits that there are no previous criminal antecedents against the present Applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the fact that the quantity of contraband allegedly recovered from the Applicant is less than the commercial quantity, the pre-trial detention, the fact that the Applicant has no criminal antecedents, his medical condition requiring regular treatment and supervision and the likelihood of the trial taking considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the application is allowed. 7. Let Applicant - Himanshu Yadav involved in Crime No. 4 58/2026 registered at Police Station – Tarbahar, Bilaspur, District Bilaspur (C.G.), for the offences under Sections 20(B) and 29 of NDPS Act be released on bail on his furnishing a 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. (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. 5 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 Barve