1 CGHC010168532026 2026:CGHC:29989 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4092 of 2026 Mukesh @ Mukeshwar Rajak S/o Shri Ramdular Rajak Aged About 22 Years R/o Ward No. 14 Lawan, Thana- Lawan, Distt.- Balodabazar-Bhatapara (C.G.) --- Applicant versus The State of Chhattisgarh Through Station House Officer, Police Station- Lawan, Distt.- Balodabazar-Bhatapara (C.G.) --- Non-Applicant MCRC No. 4163 of 2026 Sumit Yadav S/o Sirpal Yadav Aged About 19 Years R/o Village Lavan Ward No. 13, Police Station- Lavan, District- Balodabazar-Bhatapara (C.G.) ---Applicant Versus State of Chhattisgarh Through Station House Officer, Police Station- Lavan, District- Balodabazar-Bhatapara (C.G.) --- Non-Applicant For Applicant (MCRC No. 4092/2026) : Mr. Sumit Shrivastava, Advocate. For Applicant (MCRC No. 4163/2026) : Mr. Jitendra Chandrakar, Advocate. For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15.07.2026 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 applications filed under Section 483 of the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.16 11:37:56 +0530 2 Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 53/2026 registered at Police Station - Lawan, District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substance Act, 1985. 3. The prosecution story, in brief, is that on 17.02.2026, the officers of Police Station Lawan received secret information from an informant to the effect that two persons were coming on a motorcycle near the Koliya Canal carrying contraband ganja. Acting upon the said information, the police conducted a search and allegedly seized 6.329 kilograms of contraband ganja, which was kept in six separate packets. Upon being questioned, the accused persons disclosed their names as Sumit Yadav and Shubham Sahu, both residents of Lawan. The memorandum statements of the said co-accused persons were recorded, wherein they allegedly named the present applicants as well as other persons, stating that they were also involved in the commission of the alleged offence. On the basis of the said memorandum statements, the police arrested the present applicants and the other accused persons. After completion of the investigation, the charge-sheet has been filed before the competent Court. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in that case. They also submits the ganja seized from the present applicants is in intermediate quantity, the charge-sheet has been filed and they are in jail since17.02.2026 and 07.04.2026. Hence, they prays for grant of bail. 5. Learned State counsel opposes the bail application and submits that the charge-sheet has been submitted. He also submits that the contraband article which has been seized from the present applicants, is less than 3 the commercial quantity and also endorse the fact that the applicants have no previous criminal antecedents. 6. I have heard learned counsel for the State and perused the material available on record. 7. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicants and the fact that the contraband article which has been seized from the present applicants, is less than the commercial quantity, further the applicants have no previous criminal antecedents, the charge-sheet has been filed in the present case before the competent Court and the applicants are in jail since 17.02.2026 and 07.04.2026, 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 – Mukesh @ Mukeshwar Rajak (MCRC No. 4092/2026) and Sumit Yadav (MCRC No. 4163/2026) involved in Crime No. 53/2026 registered at Police Station - Lawan, District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substance Act, 1985, be released on bail on their furnishing a personal bond with two sureties each in the like amount 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 BNS. 4 (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 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 BNS. (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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Preeti