1 / 4 CGHC010186952026 2026:CGHC:27775 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4432 of 2026 Irfan Hussain S/o Anwar Hussain Aged About 20 Years R/o B.D. Mahant Upnagar Ward No.06, Police Station Janjgir District- Janjgir-Champa (C.G.) (Wrongly Mentioned As Husain and Anawar in cause title) ... Applicant versus State of Chhattisgarh Through - The S.H.O. Of The Police Station - Baramkela District- Sarangarh-Bilaigarh (C.G.) ... Respondent For Applicant : Mr. Abhishek Saraf, Advocate For State : Mr. Saurabh Sahu, Panel Lawyer (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 Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 22/03/2026 in connection with Crime No. 31/2026, registered at Police Station Baramkela, District Sarangarh-Bilaigarh for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.07.07 16:22:28 +0530 2 / 4 2. The case of the prosecution in brief is that, on 22.03.2026, the police of Police Station Sarangarh, District Sarangarh-Bilaigarh, during routine patrolling and vehicle checking near Government High School, Village Bhanakpur, intercepted a black colour Pulsar motorcycle bearing Registration No. CG-12 BC-5054 carrying two persons. On enquiry, the rider disclosed his name as Irfan Hussain, while the pillion rider disclosed his name as Arjun Kumar Yadav. During search of the motorcycle, a silver coloured plastic bag kept between the rider and the pillion rider was found containing three packets wrapped with yellow plastic tape, which, on opening, were found to contain Ganja weighing 3 kg 290 grams, valued at approximately ₹60,000/-. After completing the necessary legal formalities, the contraband was seized, both the accused persons were arrested, and Crime No. 31/2026 was registered against them. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and is innocent. He would next submit that the mandatory provisions of the NDPS Act have not been complied with during search and seizure and, therefore, the prosecution case is doubtful. He would next submit that the alleged contraband was not in the conscious and exclusive possession of the applicant. He would next submit that the applicant is in jail since 22.03.2026. Accordingly, it is prayed that the applicant be released on regular bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. I have heard learned counsel for the parties and perused the documents. 3 / 4 6. The allegation against the applicant is of possession of 3 kg 290 grams of Ganja, which is not a commercial quantity and he is in jail since 22.03.2026, therefore, this Court is of the opinion that the applicant deserves to be enlarged on bail at this stage. The observations made herein are confined only to the adjudication of the present bail application and shall not be construed as an expression on the merits of the case. Accordingly, without commenting upon the merits of the prosecution case, the application is allowed. 7. Let applicant Irfan Hussain, involved in Crime No.31/2026, under Section 20(b) of the NDPS Act, police station Baramkela, District Sarangarh-Bilaigarh, be released on bail on his furnishing a personal bond with two sureties each in like amount 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 their counsel. In case of his absence, without sufficient cause, the trial Court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023. 4 / 4 (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, 2023 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 Bhartiya Nyay Sanhita, 2023. (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 2023. 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 them in accordance with law. 8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- (Ramesh Sinha) Chief Justice ashu