Extracted from the PDF above. The PDF is authoritative.
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CGHC010256572026
2026:CGHC:27932
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5970 of 2026 Shahbaz Alam S/o Late Nijamuddin Aged About 24 Years R/o Aayan Marg Mominpura Police Station – Ambikapur, District - Sarguja (C.G.)
... Applicant versus State of Chhattisgarh Through- Police Station Ambikapur, District- Sarguja (C.G.)
... Non-Applicant For Applicant : Mr. Kamlesh Patel, Advocate. For Non-Applicant/State : Mr. Saumya Rai, Deputy Government Advocate. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 07.07.2026
1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 253/2026, registered at Police Station - Ambikapur, District- Sarguja (C.G.) for the offence punishable under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985.
2. The prosecution case, in brief, is that on 20.04.2026, the police received secret information from an informer that a person was standing near Ghutrapara Canal Road, Ambikapur, with the intention of selling illegal contraband (ganja). Acting upon the said information, the police reached the spot and found one person, namely, Shahbaz Alam, in possession of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.08 11:02:24 +0530
2 a white Jupiter scooter bearing Registration No. CG-15-EF-7178. Upon search, 3.400 kg of ganja was recovered from his possession, having an estimated market value of approximately Rs. 70,000/-. Accordingly, an FIR for the offence punishable under Section 20(b) of the NDPS Act was registered. The accused, Shahbaz Alam, was arrested on 21.04.2026. After completion of the investigation, the police filed Charge-sheet No. 273/2026 dated 15.06.2026 before the competent Court. Since then, the applicant has been languishing in judicial custody. Hence, the present bail application has been filed before this Court.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that applicant has no previous criminal antecedent and he is in jail since 21.04.2026, the charge-sheet has been filed and trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed. He further submits that total quantity of 3.400 kg of ganja was recovered from the possession of the applicant. Hence, he is not entitled to be enlarged on bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and the fact that total quantity of 3.400 kg of ganja was recovered from the possession of the applicant, which is intermediate in quantity and the applicant has no criminal antecedents, the charge-sheet has been filed and the applicant is in jail since 21.04.2026 and the conclusion of the trial is likely to take quite long time, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application is allowed. Let the applicant -
3 Shahbaz Alam involved in Crime No. 253/2026, registered at Police Station - Ambikapur, District- Sarguja (C.G.) for the offence punishable under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985, be released on bail on his furnishing a 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 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. 4
8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/-
(Ramesh Sinha)
Chief Justice
Preeti