1 CGHC010254412026 2026:CGHC:28193 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6033 of 2026 Mukhiram Mehra (Mahobiya) S/o Juthil Ram, Aged About 50 Years, R/o Badtara Khurd, Police Station - Pandatarai, Tehsil – Pandariya, District Kabirdham, C.G. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station – Pandatarai, District – Kabirdham, C.G. ... Non-Applicant For Applicant : Mr. Ratnesh Kumar Agrawal, Advocate. For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.07.2026 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. 114/2025, registered at Police Station - Pandatarai, District – Kabirdham (C.G.) for the offence punishable under Sections 20(a) of the Narcotic Drugs and Psychotropic Substance Act, 1985. 2. As per the prosecution story, on 30.07.2025, the Inspector of Police, Police Station Pandatarai, conducted a search of the applicant's house, during which two cannabis (ganja) plants were allegedly found growing in the badi (kitchen garden/nursery). One plant measured 9 feet 9 inches in height and 1 foot 4 inches in width, while the other measured 7 feet in PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.09 12:31:34 +0530 2 height and 8 inches in width. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the badi (nursery) is not in the exclusive possession of the applicant, however, despite this, the applicant has been falsely implicated and arrayed as an accused in the case. Further the applicant has no previous criminal antecedent and he is in jail since 03.06.2026, 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 two cannabis (ganja) plants were seized from the badi (kitchen garden/nursery) under the possession of the applicant/accused. 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 the applicant has no criminal antecedents, the charge-sheet has been filed and the applicant is in jail since 03.06.2026 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 - Mukhiram Mehra (Mahobiya) involved in Crime No. 114/2025, registered at Police Station - Pandatarai, District – Kabirdham (C.G.) for the offence punishable under Sections 20(a) 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:- 3 (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. 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