1 CGHC010256592026 2026:CGHC:27966 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6011 of 2026 Set Kumar Yadav S/o Lalit Ram Yadav Aged About 22 Years R/o Village- Kilkila, Lakarapara, Post-Turtura, P.S.- Lailunga, District- Raigarh, (Cg) --- Applicant versus State Of Chhattisgarh Through Police Station Ambikapur, District- Sarguja (Cg) --- Non-applicant Along with MCRC No. 6014 of 2026 Mohammad Ajaz S/o. Mohammad Aavesh, Aged About 47 Years R/o. 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. Soumya Rai, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.07.2026 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 253/2026, registered at Police Station – Ambikapur, District – Sarguja (C.G.) for the offence punishable under Section 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 NDPS Act. 2. The prosecution story, in brief, is that a secret information was received by the Police of Police Station – Ambikapur, District – Sarguja (C.G.) through the informant and on the basis of such information, the Police has seized a total of 3.400 Kgs of Ganja from the possession of the two accused persons namely Shahbaz Alam and Mohammad Ajaz, and on their memorandum statement, the name of the other accused persons came into light. Thereafter, the applicants were arrested by the Police and the aforesaid offence has been registered. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the accused persons namely Shahbaz Alam and Mohammad Ajaz, intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the said accused only 3.400 Kgs of Ganja has been seized. It is further submitted that there is only one criminal antecedents of the applicant Mohammad Ajaz in which he is acquitted, and the applicants are in jail since 24.04.2026 and 21.04.2026, respectively, and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail 3 application and submits that the charge-sheet has been filed in this case and there is only one criminal antecedents of the applicant Mohammad Ajaz. It is submitted that a total of 3.400 Kgs of Ganja has been recovered, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Ganja seized from the possession of the two accused persons namely Shahbaz Alam and Mohammad Ajaz i.e. a total of 3.400 Kgs, which is less than the commercial quantity. Also considering the fact that the charge-sheet has been filed in this case, and further that the applicants are in jail since 24.04.2026 and 21.04.2026, respectively, and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let the applicants – Set Kumar Yadav and Mohammad Ajaz, involved in Crime No. 253/2026, registered at Police Station – Ambikapur, District – Sarguja (C.G.) for the offence punishable under Section 20(B) and 29 of the NDPS Act, 1985, be released on bail on their furnishing a personal bond with two sureties each 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar