1 CGHC010248062026 2026:CGHC:29647 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.6260 of 2026 1 - Balbir Singh Kuswaha S/o Devilal Kushwaha Aged About 35 Years R/o Village Murera, Thana- Songir, District- Datia (M.P.) 2 - Akhlesh Ahirwar S/o Hardas Ahirwar Aged About 30 Years R/o Village Rajapur, Thana- Unnao, District- Datia (M.P.) ...Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station- Baloda, District- Mahasamund (C.G.) ... Non-applicant For Applicants :Mrs. Anjali Pradhan, Advocate. For Non-applicant/State :Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.07.2026 1. This is the 1st 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.105/2024 registered at Police Station – SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.15 18:05:51 +0530 2 Baloda, Mahasamund (C.G.), for the offence under Sections 22(b)(ii)(C) & 29 of NDPS Act. 2. According to the prosecution story, on 25.12.2024, on receiving secret information from an informant, the Police Station Baloda conducted a search and allegedly recovered 164 kilograms of contraband ganja from the illegal possession of the accused persons. Based on the aforesaid allegations, the police registered the offence as mentioned above against the present Applicants. Hence, this application. 3. Learned Counsel for the Applicants submits that the Applicants are innocent and have been falsely implicated in the present case. She further submits that the alleged contraband of 164 kilograms of ganja was recovered from the joint possession of the Applicants and co-accused persons. It is contended that co-accused Lakshminarayan Agrawal @ Golu, whose case arises out of the same crime number, has already been granted bail by the Hon’ble Supreme Court vide order dated 06.05.2026 passed in SLP (Crl.) No.15869/2025, the Applicants are in custody since 26.12.2024 and out of 14 prosecution witnesses, only 5 witnesses have been examined till date and the trial is likely to take considerable time for its conclusion, therefore, they may be enlarged on regular bail. 3 4. On the other hand, learned State Counsel opposes the bail application and submits that the order passed by the Hon’ble Supreme Court granting bail to co-accused Lakshminarayan Agrawal @ Golu is distinguishable on facts, as the present Applicants’ names have surfaced from the memorandum statements of the co-accused persons. It is further submitted that the Applicants were found involved in an offence involving 164 kilograms of ganja, which is much above the commercial quantity prescribed under the NDPS Act and therefore, they are not entitled for grant of bail. 5. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the material available in the case diary, the fact that the alleged contraband quantity of 164 kilograms of ganja is above commercial quantity and is stated to have been recovered from the joint possession of the Applicants and co-accused persons, the fact that the name of the Applicants have surfaced in the memorandum statements of the co-accused persons and the fact that the order passed by the Hon’ble Supreme Court granting bail to co-accused Lakshminarayan Agrawal @ Golu is distinguishable on facts, Without further expressing anything on the merits of the case, this Court is of the considered opinion that the Applicants are not entitled for grant of bail. 4 6. Accordingly, the bail application of the Applicants – Balbir Singh Kuswaha and Akhlesh Ahirwar involved in Crime No. 105/2024 registered at Police Station – Baloda, Mahasamund (C.G.), for the offence under Sections 22(b)(ii)(C) & 29 of NDPS Act is hereby rejected. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya