1 CGHC010254382026 2026:CGHC:27691 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5939 of 2026 Tuleshwar Sahu S/o Shri Sundarlal Sahu, Aged About 25 Years R/o Vill. Mohabhatta, P. S. Lalbag, District Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer (S. H. O.) P. S. - Lalbag, District Rajnandgaon (C.G.). ... Non-Applicant For Applicant : Shri Shalvin Sharma, Advocate. For Non-Applicant : Miss Ritika Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06/07/2026 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.218/2026 registered at Police Station Lalbag, District Rajnandgaon (C.G.) for the offence under Section 20 (a)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Allegation against the present applicant is that he was found KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.07 19:08:29 +0530 2 cultivating 6 Cannabis plants (Ganja) in the area adjoining to his house and pursuant to the secret information received by the concerned Police, the said plants were seized on 22.5.2026. 3. It has been argued by learned counsel for the applicant that the land on which the alleged 6 Cannabis plants were found is a Government land and the applicant does not own the said land. The alleged contraband consists of only 6 green plants described as Ganja plants which were seized from an open land accessible to others and there is no allegation of recovery of harvested Ganja, processed material, sale proceeds or instruments of trafficking from the applicant. Therefore, the applicant may be released on regular bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application. However, she submits that the applicant does not have any criminal antecedents. 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 6 Cannabis plants (Ganja) were recovered from the possession of the applicant, which is less than commercial quantity and that the present applicant has no criminal antecedents under NDPS Act, and the applicant is in jail since 22.05.2026, conclusion of trial may take some time, therefore, this 3 Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Tuleshwar Sahu, involved in Crime No.218/2026 registered at Police Station Lalbag, District Rajnandgaon (C.G.) for offence under Section 20(a)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on 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 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 4 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. - Sd/- (Ramesh Sinha) Chief Justice Barve