1 CGHC010191452026 2026:CGHC:28555 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4494 of 2026 Imran Ahmad Siddiqui S/o. Imtiyaz Ahmad Aged About 33 Years R/o. Gauri Nagar, Masjid Road, Ward No. 13, Outpost Chikhli, Police Station Kotwali, District- Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, District- Rajnandgaon (C.G.) ... Respondent (Cause title taken from CIS) For Applicant : Mr. Aditya Bhardwaj, Advocate For State : Ms. Smriti Shrivastava, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.140/2026, registered at Police Station – P.S. City Kotwali, District Rajnandgaon (C.G.) for the offence punishable under Section 20(B) of the NDPS Act. RAHUL JHA Digitally signed by RAHUL JHA Date: 2026.07.10 11:21:20 +0530 2 2. The prosecution case, in brief, is that on 03.03.2026, the Police Station Kotwali, Rajnandgaon, received secret information from the informant that two persons were standing near Adarsh School, Gauri Nagar, carrying bags containing Ganja with the intention of selling the same. Acting upon the said information, the police team proceeded to the spot and conducted a search of the accused persons. During the search, 2.859 kg of Ganja was allegedly recovered from the possession of the present applicant, while 3.088 kg of Ganja was allegedly recovered from the possession of the co-accused. Thereafter, the accused persons were arrested in accordance with law, and the present crime was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has not committed any offence as alleged and has been roped in on the basis of a false and fabricated prosecution story. Learned counsel further submits that the recovery attributed to the applicant is distinct and separate from the recovery made from the co-accused. Learned counsel further submits that since the seized quantity is significantly less than the commercial quantity, the stringent bar on bail under Section 37 of the NDPS Act is not attracted in the present case. Learned counsel further submits that the investigation has already been completed and the charge-sheet has been filed before the competent Court. Therefore, the custodial interrogation of the 3 applicant is no longer required. It is also argued that the applicant is in jail since 03/03/2026 and the trial is likely to take considerable time, therefore, prayed that the applicant may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for bail and submits that the applicant has four criminal antecedents out of that, he has been acquitted in two cases. She further submits that looking the alleged commission of offence committed by the applicant, the bail application of the applicant is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the entire facts and circumstances of the case and the fact that the allegation against the applicant is of transportation of 2.859 kilograms of ganja, which is less than the commercial quantity. The investigation has been completed and the charge-sheet has already been filed; therefore, the custodial interrogation of the applicant is no longer required. Also considering the fact that the applicant has remained in jail since 03/03/2026 and the trial is likely to take considerable time for its conclusion. In the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the prosecution case, this Court is of the considered opinion that the applicant has succeeded in making out a case for grant of bail. Accordingly, the 4 bail application is allowed. 7. Let applicant, Imran Ahmad Siddiqui, involved in Crime No.140/2026, registered at Police Station – P.S. City Kotwali, District Rajnandgaon (C.G.) for the offence under Section 20(B) of the NDPS Act be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance 5 with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant 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 him 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 within one week from today. SD/- (Ramesh Sinha) Chief Justice Rahul