1 CGHC010214612026 2026:CGHC:28690 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5040 of 2026 1 - Nabi Husain @ Sohel Khan @ Chhotu Khan S/o Nur Hasan Aged About 27 Years R/o Ward No. 10, Talab Para, Raman Bazar, Out Post Chikhli, Thana- Kotwali, Distt. - Rajnandgaon (C.G.) --- Applicant(s) versus 1 - State of Chhattisgarh Through S H O, Chikhli, Thana- Kotwali, Distt. - Rajnandgaon (C.G.) --- Respondent(s) with MCRC No. 5103 of 2026 1 - Neha Markam D/o Late Pratap Markam Aged About 24 Years R/o Near Big Pond Chikhali, Police Station O.P. Chikhali, District- Rajnandgaon (C.G.) ---Applicant(s) Versus RUCHI YADAV Digitally signed by RUCHI YADAV 2 1 - State Of Chhattisgarh Through Station House Officer, Police Station Kotwali District- Rajnandgaon (C.G.) --- Respondent(s) For Applicant (s) : Mr. Samir Singh, Advocate in MCRC No. 5040/2026 Mr. Dinesh Yadav on behalf of Mr. Aditya Bhardwaj, Advocate in MCRC No. 5103/2026 For Respondent(s)/State : Mr. Vinod Kumar Tekam, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 1. Since the aforesaid bail applications arise out of the same crime number, they are being heard and decided by this common order. 2. The present is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), seeking grant of regular bail to the applicants, who have been arrested in connection with Crime No. 251/2026 registered at Police Station- Kotwali, District- Rajnandgaon (C.G.), for the offences punishable under Section 20 (B) of the NDPS Act. 3. The prosecution case, in brief, is that on 15.05.2026, acting on secret information that the applicant- Neha Markam, was in possession of ganja for the purpose of sale, the police conducted a search and allegedly recovered 2.492 kg of ganja from her possession. During the course of the investigation, she allegedly disclosed that she had purchased the contraband from the 3 present applicant Nabi Hussain. On the basis of above, both the applicants were arrested and the present F.I.R. was registered against them. 4. Learned counsel appearing for the applicant Nabi Hussain submits that no contraband article was recovered from his possession and that he has been falsely implicated solely on the basis of the memorandum statement of the co-accused. Learned counsel appearing for the applicant Neha Markam submits that the quantity of the alleged contraband recovered from her possession is below the commercial quantity prescribed under the NDPS Act. It is further submitted that applicant Nabi Hussain has been in judicial custody since 17.05.2026 and applicant Neha Markam since 15.05.2026. The charge-sheet has already been filed, and the conclusion of the trial is likely to take considerable time. Therefore, it is prayed that both the applicants be enlarged on bail. 5. Learned State counsel opposes the bail applications and submits that the charge-sheet has already been filed before the competent Court. It is contended that, considering the nature and gravity of the allegations and the material collected during the investigation, both the applicants are not entitled to the grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 4 7. Considering the facts and circumstances of the case, particularly the fact that no contraband was recovered from the possession of applicant Nabi Hussain, the quantity of ganja allegedly recovered from applicant Neha Markam is below the commercial quantity, both the applicants have remained in judicial custody since 17.05.2026 and 15.05.2026 respectively, the charge-sheet has already been filed and the conclusion of the trial is likely to take considerable time, this Court is of the view that, without expressing any opinion on the merits of the case, both the applicants are entitled to be released on bail. Accordingly, both the bail applications are allowed. 8. Let the applicants, namely Nabi Hussain @ Sohel Khan @ Chhotu Khan and Neha Markam, involved in Crime No. 251/2026 registered at Police Station- Kotwali, District- Rajnandgaon (C.G.), for the offences punishable under Section 20 (B) of the NDPS Act. be released on bail on their furnishing personal bonds with two sureties each in the like sum to the satisfaction of the Court concerned, subject to 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 5 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 applicants is deliberate or without sufficient cause, then it shall be open for the trial court to treat such 6 default as abuse of liberty of bail and proceed against them in accordance with law. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Ruchi