1 CGHC010223642026 2026:CGHC:29111 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5199 of 2026 Durgesh Raikar Urf Vicky S/o Rajkumar Raikar Aged About 30 Years R/o Heerapur Lottery Nagar, P.S. Amanaka District- Raipur (C.G.) (As Per Challan) ... Applicant Versus State Of Chhattisgarh Through Police Station- Somani District- Rajnandgaon (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ashish Gangwani, Advocate with Mr. Karanjeet Bodhani, Advocate For Respondent(s) : Mr. Vinod Tekam, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 32/2026, registered at Police Station – Somani, District – Rajnandgaon (C.G.) for the offence SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.07.13 11:26:24 +0530 2 punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution case, on 05-02-2026, on the information from an informer that an electric auto of a Mahindra Company In bearing number CG 04-QF/3543, some people were coming from Raipur towards Rajnandgaon with marijuana. Based on the above information, the accompanying staff and witnesses reached the spot, cordoned off the suspicious auto and stopped it. The driver of the auto told his name to be Deepak Sahu and the pillion riders were Durgesh Raikar (applicant) and Mohammad Zulfiqar. The applicant/accused Deepak Sahu were found in possession of a narcotic substance similar to Ganja, which was identified and after weighing it through a weigher, the total weight of the recovered marijuana/Ganja was found to be 14.662 kilograms, applicant was arrested during the investigation and a charge sheet was presented before the court. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and he is in incarceration since 05.02.2026. He further submits that the quantity of seized contraband is below 20 kgs i.e. below the commercial quantity, charge- 3 sheet has been filed 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, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there are total 2 criminal antecedents against the applicant i.e one of Arms Act and and another under Sections 327, 294 and 323 of IPC which are still pending, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of contraband substance seized from the possession of the applicant i.e., a total of 14.662 grams of Ganja, which is less than commercial quantity. Also considering the fact that charge-sheet has been filed, and further that the applicant is in jail since 05.02.2026 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant- Durgesh Raikar involved in Crime No. 4 32/2026, registered at Police Station – Somani, District – Rajnandgaon (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, be released on bail on their furnishing a 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, 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Saurabh