Extracted from the PDF above. The PDF is authoritative.
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CGHC010200342026
2026:CGHC:28714
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4728 of 2026 • Smt Pushpa Yadav W/o Ashwani Yadav Aged About 38 Years R/o Village- House No. 889, Ward No. 8, Imliduggu P.S.- Kotwali, District- Korba, (C.G.)
... Applicant versus • State Of Chhattisgarh Through, Station House Officer Police Station Kotwali, District- Korba, (C.G.)
... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Nitesh Sahu, Advocate. For State/Non-applicant : Ms. Anusha Naik, Deputy 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.375/2026 registered at Police Station Kotwali District Korba (C.G.) for the offence punishable under Section 20(B) of the Narcotics Drugs and Psychotropic Substance Act, 1985.
2. Case of the prosecution, in brief, is that police of Police Station Kotwali has seized the 1 Kg 580 gms of narcotic substance (Ganja) from the possession of the present applicant, Based on above,present case has been registered against the present applicant. Hence, the bail application.
3.
Learned counsel for the applicant submits that the applicant is innocent DEEPTI JHA Digitally signed by DEEPTI JHA
2 has been falsely implicated in crime in question. It is further submitted that there is no evidence and no incident took place in any manner, prosecution wrongly twisted the case. It is further submitted that applicant is a disabled woman and her husband is also disabled and there is no earning, infact they used to beg for their livelihood. He later submits that the applicant has no criminal antecedent and she is in jail since 02.05.2026. He further submits that charge sheet has not been filed, 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 counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge- sheet has not been filed in the present case before the competent Court, therefore, the present applicant is not entitled for 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 and the fact that the applicant has no criminal antecedent and the contraband article i.e. 1 kg 580 gms Ganja recovered from the possession of applican is less than the commercial quantity, further considering the fact that the present applicant is a disabled woman and she is in jail since 02.05.2026 and further considering that charge- sheet has not been filed, this Court is of the view that the applicant is entitled to be released on bail in this case
7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Smt. Pushpa Yadav, involved in Crime No.375/2026 registered at Police Station Kotwali District Korba (C.G.)
3 for the offence punishable under Section 20(B) of the Narcotics Drugs and Psychotropic Substance Act, 1985, be released on bail on 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/she 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, 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/her in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Deepti Jha