1 CGHC010165832026 2026:CGHC:28462 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3862 of 2026 Hadma Madkami S/o Shri Sona Madkami Aged About 35 Years By Caste - Koya, R/o Village- Tangintong, Police Station- Malkangiri, District- Malkangiri (Orrisa) --- Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station - Dantewada Distt.- South Baster Dantewada (C.G.) --- Respondent(s) MCRC No. 4218 of 2026 Rajman Kashyap S/o Late Shiv Kashyap Aged About 38 Years R/o Ward No. 03, Katiyarras, District : Dantewada, Chhattisgarh ---Applicant(s) Versus State Of Chhattisgarh Through P.S. - Dantewada, District : Dantewada, Chhattisgarh --- Respondent(s) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 For Applicant in MCRC No.3862 of 2026 : Ms. Shreya Jaiswal, Advocate. For Applicant in MCRC No.4218 of 2026 : Mr. Vikas A. Shrivastava, Advocate. For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 1. Since the above mentioned two bail application arise out of same crime number, they are clubbed together and are being disposed of by this common order. 2. These is the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 107/2025 registered at Police Station Dantewada Distt.- South Baster Dantewada (C.G.) for the offence punishable under Section 20(B)(ii)(B) of the NDPS Act. 3. Case of the prosecution, in brief, is that on the basis of secret information, the police intercepted the applicant and the co- accused while they were travelling on a motorcycle and allegedly recovered 4.730 kg of ganja from their possession. As they failed to produce any lawful authority for possessing the contraband, the same was seized, the applicant was arrested, and after investigation, the charge-sheet was filed. Hence, the bail 3 application. 4. Learned counsel for the applicants jointly submit that the applicants have been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicants. They further submit that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. They also submit 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 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 4.730 kg Ganja has been seized. They later submit that the applicants have no criminal antecedents and they are in jail since 23.10.2025 and the conclusion of the trial is likely to take quite long time. Therefore, they pray for grant of regular bail to the applicants. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that both the applicants have one criminal antecedent under the IPC, furthermore from the joint possession of the applicants contraband article i.e. 4.730 kg of Ganja is seized, therefore, the applicants are not entitled for 4 grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and the fact that both the applicants have only one criminal antecedent, which is under the IPC and the contraband article i.e. 4.730 kg Ganja recovered from the joint possession of the applicants is less than the commercial quantity prescribed under the NDPS Act and the charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly, the applications are allowed. 9. 8. Accordingly, the applications are allowed. 9. Let the Applicants-Hadma Madkami and Rajman Kashyap, involved in Crime No. 107/2025 registered at Police Station Dantewada Distt.- South Baster Dantewada (C.G.) for the offence punishable under Section 20(B)(ii)(B) of the NDPS Act, be released on bail on their furnishing a personal bond with two local sureties each 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. 5 (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 misuse 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. (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 applicants are 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. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil