1 CGHC010226372026 2026:CGHC:29711 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.5446 of 2026 1 - Tushar Nitin Pawar S/o Nitin Pawar Aged About 21 Years R/o Dahivadi (Devadi) Police Station Shikrapur District Pune (Maharashtra) 2 - Kiran Sitaram Kaye, S/o Sitaram Kaye, Aged About 25 Years, R/o Dahivadi (Devadi) Police Station Shikrapur District- Pune (Maharashtra) Applicant (s) versus 1 - State Of Chhattisgarh Through- Police Station New Rajendra Nagar, District- Raipur (C.G.) Respondent(s) For Applicant (s) : Mr. Pragalbha Sharma, Advocate For Respondent(s) : Mr. Sangharsh Pandey, GA Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.07.2026 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.84/2026, registered at Police Station New Rajendra Nagar, Digitally signed by R NIRALA 2 District Raipur (C.G.) for the offence punishable under Section 20 (b) (ii) (B) of NDPS Act. 2. The case of the prosecution, is that on 21.02.2026, acting upon a subjective tip-off, the police team intercepted three persons near the lane of Shri Medishine Hospital, Amlidih. It is alleged that upon searching the personal belongings of the applicants, the police recovered two packets containing Ganja from a black pitthu bag held by Present applicant No. 1 (Tushar Nitin Pawar) weighing 4.239 kg, and two packets from a black pitthu bag held by present applicant No. 2 (Kiran Sitaram Kaye) weighing 4.210 kg, and held by accused (Deepak Tomar) weighing 6.164 kg. The total cumulative recovery from all accused persons combined is alleged to be 14.614 kg, thereafter a case was registered against the applicants and another accused person. 3. Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in crime in question. He further submitted that the quantity of cannabis is less than the commercial quantity. The applicant is in jail since 22.02.2026 and the co-accused Deepak Tomar has already been granted regular bail by this Court vide order dated 11.05.2026 in MCRC No.3169/2026. Therefore, the present applicant may also be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that heavy quantity of cannabis was 3 recovered from the possession of the applicants, as such they are not entitled to be released on regular bail at this stage. 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation and for the fact that the co-accused Deepak Tomar has already been granted regular bail by this Court vide order dated 11.05.2026 in MCRC No.3169/2026 and also for the fact that on the last date of hearing State was directed to inform this Court about the criminal antecedents of the applicants, as they are residents of Maharashtra, but the same has not been furnished, the applicants are in jail since 22.02.2026 and conclusion of the trial is likely to take some time, without commenting further anything on the merits of the case, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicants is allowed. 8. Let the Applicants Tushar Nitin Pawar and Kiran Sitaram Kaye involved in Crime No.84/2026, registered at Police Station New Rajendra Nagar, District Raipur (C.G.) for the offence punishable under Section 20 (b) (ii) (B) of NDPS Act, be released on bail on each of them furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 “(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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 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.” 5 9. 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 Nirala