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2026 DAILYLAW 25832 (CHH)

KHILESHWARI VERMA v. STATE OF CHHATTISGARH

MCRC/4877/2026 · 2026-07-08

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Judgment text

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1 CGHC010207992026 2026:CGHC:28614 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4877 of 2026 1 - Khileshwari Verma D/o Mohanlal Verma Aged About 18 Years R/o Bhanpuri, Near Sonadhwar Talab, P.S. Khamtarai, District Raipur Chhattisgarh 2 - Israt Bano D/o Amin Khan Aged About 21 Years R/o Shahdol Near Kiran Talkies, P.S. Sohagpur, District Shahdol Madhya Pradesh ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Tikrapara, District Raipur (C.G.) ... Respondent For Applicants : Shri Sudhir Kumar Sahu, Advocate. For Respondent/State : Shri Nitansh Kumar Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09/07/2026 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.137/2026, registered at Police Station – Tikrapara, District Raipur GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.10 12:00:44 +0530 2 (C.G.) for the offence punishable under Sections 20(b)(ii)(B) & 29 of N.D.P.S. Act. 2. The prosecution story, in brief, is that on 17.02.2026, acting on secret information, the police of Police Station Tikrapara, Raipur conducted a raid near Ravanbhatha Maidan. The applicants were allegedly found carrying two school bags containing 10 kilograms of ganja (5 kilograms each). The contraband was seized in accordance with the provisions of the NDPS Act, and after completion of the investigation, a charge- sheet was filed against the applicants. 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 the charge-sheet has been filed in this case. It is also submitted that from the 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 possession of the applicants total 10 kg contraband article Ganja has been seized. It is further submitted that applicants are in jail since 18/02/2026 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, learned counsel for the State opposes the bail application and he would submit that charge sheet has been filed before the competent court. 5. I have heard learned counsel for the parties and perused the material 3 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 applicants i.e. a total of 10 kg, which is less than the commercial quantity, also considering the fact that charge-sheet has been filed and further that the applicants are in jail since 18/02/2026 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. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Khileshwari Verma & Israt Bano, involved in Crime No.137/2026, registered at Police Station – Tikrapara, District Raipur (C.G.) for the offence punishable under Sections 20(b)(ii)(B) & 29 of N.D.P.S. 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 4 during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails 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 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/-d Sd/- (Ramesh Sinha) Chief Justice gouri