1 CGHC010140732026 2026:CGHC:29721 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3521 of 2026 1 - Yogesh Patel S/o Samar Singh Aged About 21 Years R/o Tuman P.S. Urga, District Korba, Chhattisgarh. 2 - Vishnu Patel S/o Late Sahdev Patel Aged About 38 Years R/o Ward Kharmora, Ward No. 37, P.S. Civil Line, Rampur, Korba, District Korba, Chhattisgarh. --- Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Baloda, District Mahasamund, Chhattisgarh. --- Non-Applicant MCRC No. 4804 of 2026 Balram Mahanand S/o Ghan Mahanand Aged About 19 Years R/o Raipanga P.S. Baliguda Distt. Kandhmal Odisha ---Applicant Versus State Of Chhattisgarh Through P.S. Balauda, District Mahasamund Chhattisgarh --- Non-Applicant For Applicant in MCRC No. 3521/26 : Shri Sudhir Kumar Sahu, Advocate. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.15 19:58:33 +0530 2 For Applicant in MCRC No.4804/26 : Miss Vidhi Matlani, Advocate. For Non-Applicant : Shri Jitendra Shrivastava, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14/07/2026 1. Since the aforesaid bail applications arise out of same crime number, they are being disposed of by this common order. 2. These are the first bail applications 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.16/2026 registered at Police Station Baloda District Mahasamund (C.G.) for the offence under Section 20 (B), 29 of the NDPS Act. 3. The prosecution case, in brief, is that on 24.2.2026, the concerned Police has received secret information that two persons are carrying narcotic substance (Ganja) on motorcycle without number plate and are going from Padampur (Odisha) towards Sirpur. After receiving the said information, the concerned Police has seized contraband (Ganja) from the joint possession of co-accused namely, Rakesh Patel and Vishnu Patel who were carrying 14 kg of Ganja on bike. Thereafter FIR was lodged against the co-accused persons and on the basis of memorandum of co-accused persons the applicants have been made accused. Hence the bail applications. 3 4. It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the crime. They further submit that if the seized contraband i.e. Ganja is divided amongst the applicants, the very less quantity would remain from one person for the commercial purposes. The prosecution has not complied with the mandatory provisions of the NDPS Act. They are in jail since 24.2.2026 & 17.3.2026 respectively. Therefore, the applicants may be released on bail. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail applications and submit that as regards Applicant No.2 - Vishnu Patel (in MCRC No.3521/26), one case under the NDPS Act has been registered against him and so far as other applicants are concerned, they do not have any criminal antecedents, and the charge sheet has been submitted against them. Therefore, the bail applications may be rejected. 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, and the fact that the charge sheet has already been submitted against the applicants, as regards Applicant No.2 - Vishnu Patel (in MCRC No.3521/26), one case under the NDPS Act has been registered against him and so far as other applicants are concerned, they do not have any criminal antecedents, they are 4 in jail since 24.2.2026 & 17.3.2026 respectively, further considering the fact that 14 kg of contraband Ganja has been recovered from joint possession of the applicants, which appears to be less than commercial quantity when divided amongst the applicants, and conclusion of trial is likely to take some time, this Court is of the view that the applicants are entitled to be released on bail in the present case. Accordingly, the Applications are allowed. MCRC No. 3521 of 2026 8. Let the Applicants – Yogesh Patel & Vishnu Patel, involved in Crime No.16/2026 registered at Police Station Baloda, District Mahasamund (C.G.) for the offence under Section 20(B) of the NDPS Act, be released on bail on furnishing personal bond with two 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 his absence, 5 without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his 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 him, 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. MCRC No. 4804 of 2026 9. Let the Applicant – Balram Mahanand, involved in Crime No. 16/2026 registered at Police Station Baloda, District Mahasamund (C.G.) for the offence under Section 20(B), 29 of 6 the NDPS Act, be released on bail on furnishing personal bond with two local 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 Nyaya Sanhita. (iv) The applicant shall remain present, in person, 7 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. 10.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 Barve