1 CGHC010182852026 2026:CGHC:30055 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4602 of 2026 Kishan Sagar S/o Vikram Sagar Aged About 33 Years R/o Nehru Nagar, P/s City Kotwali, Raipur, C.G. (Applicants Details Are Missing In A/1). --- Applicant versus State Of Chhattisgarh Through Sho P/s City Kotwali, Raipur, C.G. --- Non-Applicant MCRC No. 5132 of 2026 Manish Verma @ Birju S/o Late Vijay Verma Aged About 32 Years Resident Of Near Dhalan, Nehru Nagar, P.S. City Kotwali, District Raipur (C.G.) ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, Raipur, District Raipur (C.G.) --- Non-Applicant For Applicant in MCRC No.4602/26 : Shri Akash Mishra, Advocate. For Applicant in MCRC No.5132/2026 : Shri BL Sahu, Advocate. For Non-Applicant : Shri Shubham Bajpai, PL. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.16 18:58:53 +0530 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15/07/2026 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.76/2026 registered at Police Station City Kotwali, District Raipur (C.G.) for the offence under Section 20(b)(ii)(B) & 29 of the NDPS Act. 3. The prosecution case, in brief, is that the concerned Police has received secret information from the informant that on 23.2.2026, some persons have kept contraband Ganja for sale at public toilet near Naraiyya Pond, Raipur. The police conducted a raid and seized 317 grams of contraband Ganja from one Abdul Jafar and 309 grams of contraband Ganja from possession of Sunil Jagat. Thereafter, FIR was registered against the applicants and other accused persons and on the basis of memorandum statement of co-accused persons, the present applicants have been roped in the offence. Hence the bail application. 4. It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the crime. It is submitted that applicant – Kishan Sagar has surrendered before the trial Court on 27.4.2026 and the Court has 3 remanded him to judicial custody. It is further submitted that only on the basis of memorandum statement of co-accused persons, the applicants have been roped in the offence. It is also submitted that applicant – Kishan Sagar has one criminal antecedent registered against him in which he has already been acquitted. The applicants are in jail since 24.2.2026 & 27.4.2026 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 applicant – Kishan Sagar has one criminal antecedent registered against him in which he has already been acquitted, and the charge sheet has been submitted against the applicants. 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, applicant – Kishan Sagar has one criminal antecedent registered against him in which he has already been acquitted, and the applicants are in jail since 24.2.2026 & 27.4.2026 respectively, the present applicants have been roped in the offence only on the basis of memorandum statement of co-accused persons, quantity of contraband seized appears to be less than commercial quantity and conclusion of 4 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. 8. Accordingly, the Applications are allowed. 8. Let the Applicants – Kishan Sagar & Manish Verma @ Birju, involved in Crime No.76/2026 registered at Police Station City Kotwali, District Raipur (C.G.) for the offence under Section 20(b) (ii)(B) & 29 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, 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 5 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 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 Barve