1 CGHC010152602026 2026:CGHC:284 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3882 of 2026 Nitish Prakash Diwan Son Of Mahesh Das Diwan Aged About 20 Years Resident Of Village Choteya, Police Station Bango, Tahsil Podi-Uproda, District Korba (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Of Out Post Basdei, District Surajpur (C.G.) --- Respondent(s) MCRC No. 4916 of 2026 Yogesh Kumar Kanwar @ Sonu S/o Laxman Singh Kanwar Aged About 25 Years Cast- Kanwar, R/o Village Kesalpur, Police Chowki- Jatga, Thana- Katgora, Tehsil- Podi Uproda, District- Korba (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through Police Station- Surajpur, District Surajpur (Chhattisgarh) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 --- Respondent(s) For Applicant in MCRC No.3882 of 2026 : Ms. Gunja Taram, Advocate. For Applicant in MCRC No.4916 of 2026 : Mr. Sanjay Kumar Yadav, Advocate. For Respondent(s) Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 1. The above mentioned two bail application arise of the same crime number, they are clubbed together and are being disposed of by this common order. 2. These are 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. 41/2026 registered at Police Station Out Post Basdei, District Surajpur (C.G.) under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of concerned Police Station seized 10.850 kgs of Ganja from the joint possession of the applicant, Yogesh Kumar Kanwar and co-accused, Mukesh Kumar Kanwar, which led to the registration of alleged offence against the accused and subsequently, they were arrested and 3 later during the course of investigation, present applicant was arrested. Hence, the bail 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 applicant, Yogesh Kumar Kanwar and co-accsued, Mukesh Kumar Kanwar 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 applicant, Yogesh Kumar Kanwar and co-accsued, Mukesh Kumar Kanwar only 10.850 kg Ganja has been seized. They later submit that the applicants have no criminal antecedents and so far as their judicial custody is concerned, applicant, Nitish Prakash Diwan is in jail since 10.03.2026 and applicant, Yogesh Kumar Kanwar is in jail since 25.01.2026, the conclusion of the trial is likely to take quite long time. Therefore, they pray for grant of regular bail to the applicants. 4 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 and also endorse the said submission that the applicants have no criminal antecedents. She further submits that from the possession of the applicant contraband article i.e. 4.800 kg of Ganja is seized, therefore, the present applicant is not entitled for 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 the applicant has no criminal antecedent and the contraband article i.e. 10.850 kg Ganja recovered from the joint possession of the applicant, Yogesh Kumar Kanwar and co- accsued, Mukesh Kumar Kanwar is less than the commercial quantity, further the name of applicant, Nitish Prakash Diwan come into light during the course of investigation, further 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 these cases. 8. 8. Accordingly, the applications are allowed. 9. Let the Applicants - Nitish Prakash Diwan and Yogesh Kumar Kanwar @ Sonu, involved in Crime No. 41/2026 registered at Police Station Out Post Basdei, District Surajpur (C.G.) under 5 Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on their furnishing personal bond with two 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. (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 6 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. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Akhil