1 CGHC010222562026 2026:CGHC:29021 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5258 of 2026 Suraj Gavariya S/o Mansingh Gavariya Aged About 19 Years Resident Of Kanninagar, Nanta Kota, P.S. Nanta District Bundi Rajasthan --- Applicant versus State Of Chhattisgarh Through-Station House Officer, Police Station Singhoda District Mahasamund Chhattisgarh --- Non-applicant MCRC No. 5259 of 2026 Nirmala Dhakda @ Rani W/o Yadram Aged About 49 Years R/o Udyog Nagar KI Ji 223 Apna Ghar Yojna J.K. Nagar, Udyogpuri Kota, At Present Address - Kanninagar, P.S. Nanta, District Bundi Rajasthan ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Singhoda District Mahasamund Chhattisgarh --- Non-applicant For Applicants :Mr. Sudhir Kumar Sahu, Advocate For Non-applicant/State :Mr.Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.13 10:57:28 +0530 2 10.07.2026 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.08/2026 registered at Police Station- Singhoda, District Mahasamund (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. The prosecution case, in brief, is that the concerned Police Station, Singhoda, received secret information from an informant that certain persons were transporting illegal contraband ganja in a vehicle for the purpose of sale. Acting upon the said information, the police reached the spot near N.H. 53 Road, close to Village Rehatikhol, and allegedly seized 4 kilograms of contraband ganja from the place of occurrence. Consequently, the police registered an offence against the applicants for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and arrested them on 22.01.2026 in the alleged commission of offence. 4. It has been argued by learned counsel for the applicants that the applicants have been falsely implicated in this case. He further submits that prosecution agency has not followed the provisions 3 under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the joint possession of the present applicants, intermediate quantity of Ganja was 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 joint possession of the applicants, 4 Kgs of Ganja was seized. It is further submitted by the learned counsel for the applicants that the applicants have no criminal antecedents and they are in jail since 22.01.2026 and conclusion of the trial is likely to take quite long time. Therefore, he prayed for grant of regular bail to the applicants. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicants have no criminal antecedents. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that the contraband article i.e. 4 Kgs of Ganja was recovered from the joint possession of the present applicants, which is less than commercial quantity. Moreover, the present applicants have no criminal antecedents. Also considering the fact that the charge- 4 sheet has been filed in the present case before the competent Court and the applicants are in jail since 22.01.2026, conclusion of the trial may take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly, the bail applications are allowed. Let the Applicants – Suraj Gavariya (in MCRC No.5258/2026) and Nirmala Dhakda @ Rani (in MCRC No.5259/2026), involved in Crime No. 08/2026 registered at Police Station- Singhoda, District Mahasamund (C.G.) for the offence under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two local sureties each 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 5 Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 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 are 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- - (Ramesh Sinha) Chief Justice Preeti