1 CGHC010215782026 2026:CGHC:28654 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5023 of 2026 1 - Shiv Kumar Rawat Urf Bhole S/o Late Ram Khilawan Rawat Aged About 22 Years R/o Village Bhaluwai Ward No. -5, P.S. Badlapur District- Jaunpur (U.P. As Pr Challan) … Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Nagarnar District Bastar C.G. ... Respondent(s) For Applicant : Ms. Aditi Joshi, Advocate For Respondent(s)/ State : Ms. Anusha Naik, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.04/2026 registered at Police Station- RUCHI YADAV Digitally signed by RUCHI YADAV 2 Nagarnar, District- Bastar (C.G.) under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution case, on 09.01.2026, acting upon secret information, the police conducted a raid and allegedly recovered 10.700 kilograms of ganja from the conscious possession of the applicant. Consequently, Crime No. 04/2026 was registered against the applicant for the alleged offence under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, and he was arrested. 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 there is no cogent material on record to connect him with the alleged offence and that the alleged contraband does not belong to him nor was it in his conscious possession. It is further submitted that the quantity of ganja allegedly seized is 10.700 kg, which is below the commercial quantity prescribed under the NDPS Act. The applicant has remained in judicial custody since 09.01.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She further submits that the applicant has one criminal antecedent under the Indian Penal 3 Code. It is also contended that 10.700 kg of ganja, a contraband substance, was recovered from the possession of the applicant. Therefore, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature of the allegations, the fact that the quantity of the alleged contraband is below the commercial quantity, the applicant has been in judicial custody since 09.01.2026, 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, the applicant is entitled to be released on regular bail. Accordingly, the bail application is allowed. 7. Let the Applicant – Shiv Kumar Rawat Urf Bhole involved in Crime No. 04/2026 registered at Police Station- Nagarnar District- Bastar (C.G.) for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on his furnishing personal bond with two sureties in the like sum 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, 4 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 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible, within a period of six months from today, if there is no legal impediment. 5 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - d/- Sd/- (Ramesh Sinha) Chief Justice Ruchi