1 CGHC010220432026 2026:CGHC:30046 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5629 of 2026 Jitendra Nishad S/o Palturam Nishad Aged About 24 Years R/o Jaishakarra Awaspara Police Station Charma District Kanker C.G. ...Applicant versus State Of Chhattisgarh Through- P.S. Balod District Balod C.G. (Corrent P.S. Mention As Per Fir) ... Non-applicant For Applicant : Mr. Hemant Gupta, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 58/2026, registered at Police Station – Balod District - Balod (C.G.) for the offence punishable under Section 20(B) of the NDPS Act. 2. The prosecution case, in brief, is that on 30-01-2026 upon a secret VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.16 11:11:29 +0530 2 information received from the informer, that a Passion Pro motor cycle having its registration no CG -19B6418 coming from Charama to Balod, caring "Ganja". Based on this information the police has seized 4.082 Kg. of Ganja from three accused persons. And thereby the crime has been committed thus the Police Station Balod, Registered the F.I.R. as crime number 58/2026, under section 20(B) of N.D.P.S. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has not committed the alleged offence. It is contended that no contraband article has been recovered from the conscious and exclusive possession of the applicant. It is further submitted that the quantity allegedly seized is 4.082 kg, which is below the commercial quantity. Learned counsel submits that the applicant is a 24-year-old young man, the investigation has been completed, and the charge-sheet has already been filed. The case is presently at the stage of prosecution evidence, and three prosecution witnesses have already been examined. It is also submitted that the prosecution has not shown any valid apprehension that the applicant, if released on bail, would influence the witnesses or interfere with the course of justice. Learned counsel further contends that, as per the memorandum statement, the victim was under the influence of alcohol and was the aggressor. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding, and he is ready to abide by all such terms and conditions as may be imposed by this Hon'ble Court while granting bail. 4. On the other hand learned State counsel opposes the bail application 3 of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Caking into consideration the facts and circumstances of the case, it is observed that the contraband article recovered from the possession of the applicant is less than the commercial quantity as prescribed under the NDPS Act. Further, considering the fact that the charge-sheet has already been filed before the competent Court, and that the applicant has been in jail since 30.01.2026, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Jitendra Nishad, involved in Crime No.58/2026, registered at Police Station – Balod District - Balod (C.G.) for the offence punishable under Section 20(B) of 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him 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 4 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, 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 applicant 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. 8. 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 vaibhav