1 CGHC010174152026 2026:CGHC:28265 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4045 of 2026 1 - Nabin Rana S/o. Banchha Rana Aged About 26 Years, 2 - Pramod Rana S/o. Khedu Rana Aged About 28 Years (Both R/o. Village Chinched, Post Rusuda, Tehsil And P.S. Tushura, District- Balangar, (Odisha) (Not Mentioned In The Impugned Order) ...Applicants versus State Of Chhattisgarh Through S.H.O. Police Station Khurshipar, Bhilai, District- Durg (C.G.) ... Respondent For Applicants : Shri Roshan Singh Lamba, Advocate. For Respondent/State : Ms. Palak Dwivedi, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08/07/2026 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.09 11:23:38 +0530 2 with Crime No.134/2026 (Wrongly Mentioned in the Annexure P/1 as 134/2025), registered at Police Station – Khurshipar, Bhilai, District- Durg (C.G.) for the offence punishable under Sections 20 (b), 27(a) of NDPS Act. 2. The prosecution story, in brief, is that on 12.04.2026, acting on secret information, police officials of Police Station Khursipar, District Durg, conducted a raid at Balaji Nagar in the house of E Durgamma and apprehended the accused persons who were found in possession of ganja. A total of 4.680 kg and 4.820 kg of ganja were recovered from accused Nabin Rana and Pramod Rana respectively, from two separate black bags total of 9 Kg 500 grams. The accused failed to produce any documents for the possession of the contraband. During investigation, they disclosed their involvement in illegal trafficking and delivery of ganja in association with a person named Behra, and that the seized contraband was intended for sale to one E. Durgamma and the accused persons received 12,100/- Rs from E. Durgamma in lieu of the said contraband and the above stated offence has been committed. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that from the joint possession of the applicants intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors 3 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 joint possession of the applicants only 9 Kg 500 grams of Ganja has been seized. It is further submitted that the applicants are in jail since 12/04/2026 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 counsel for the State opposes the bail application. She would submit that the applicants have no criminal antecedents in the State of Odisha. It is submitted that total of 9 Kg 500 grams of Ganja has been recovered from the joint possession of the applicants, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the materials 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 joint possession of the applicants i.e. a total of 9 Kg 500 grams, which is less than the commercial quantity, also considering the fact that applicants have no criminal antecedents in the State of Odisha, they are in jail since 12/04/2026 and the conclusion of the trial is likely to take sometime, therefore I am of the opinion that the applicants are entitled to be released on bail in this case. 4 7. 4 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Nabin Rana & Pramod Rana, involved in Crime No.134/2026 registered at Police Station – Khurshipar, Bhilai, District- Durg (C.G.) for the offence punishable under Sections 20 (b), 27(a) of NDPS Act, be released on bail on each of them furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (iv) The applicants 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 them 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 gouri