1 CGHC010180842026 2026:CGHC:30714 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4266 of 2026 1 - Surendra Kumar Gadtiya S/o Kirtan Gadtiya Aged About 32 Years Resident Of Village- Pajhrapali P.S. Basna District- Mahasamund Chhattisgarh 2 - Sanjay Vishal S/o Guruvachan Vishal Aged About 22 Years Resident Of Village- Charbhatha P.S. Sankra District- Mahasamund Chhattisgarh ... Applicants versus State Of Chhattisgarh Through- Station House Officer Police Station Basna District- Mahasamund (C.G.) ... Non-applicant _____________________________________________________ For Applicants :Mr. Sudhir Kumar Sahu, Advocate. For Non-applicant/State :Mr. Sourabh Sahu, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.07.2026 1. The Applicants have preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.21 17:57:57 +0530 2 for grant of regular bail, as they have been arrested in connection with Crime No.121/2026 registered at Police Station – Basna, Mahasamund (C.G.), for the offence under Section 20(B) of the NDPS Act. 2. The prosecution case, in brief, is that on 16.03.2026, while the police party of Police Station Basna was conducting vehicle checking at Paraskol Chowk, the Applicants, who were travelling on a Bajaj Platina motorcycle bearing registration No. CG-06-GX-4909, allegedly attempted to flee on being signalled to stop. Upon interception and search, a white bag kept on the motorcycle seat was found to contain 4.070 kilograms of contraband ganja packed in four packets. The contraband and the motorcycle used for its transportation were seized, whereupon Crime was registered against the Applicants as mentioned above, alleging recovery of the contraband from their joint possession. Hence this application. 3. Learned Counsel for the Applicants submits that the Applicants are innocent, they have been falsely implicated in the present case and are behind the bars since 16.03.2026. He further submits that there is no exclusive possession of the alleged contraband, the recovery is from the joint possession of the Applicants, the mandatory provisions of the 3 NDPS Act have not been complied with during investigation, and the alleged seized quantity of 4.070 kilograms of ganja is below the commercial quantity. He further submits that the Applicants are in judicial custody since 16.03.2026 and conclusion of trial is likely to take considerable time, therefore, they may be granted bail. 4. On the other hand, learned Counsel for the State opposes the bail application and submits that the alleged recovery is of intermediate quantity and that there are no previous criminal antecedents against the present Applicants. 5. I have heard learned counsel for the parties and perused the case diary. 6. 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 recovery is of intermediate quantity, that the Applicants are in custody since 16.03.2026 and that there are no previous criminal antecedents against them, the fact that the trial is likely to take considerable time for its conclusion and without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 7. Let Applicants- Surendra Kumar Gadtiya and Sanjay Vishal 4 involved in Crime No.121/2026 registered at Police Station – Basna, Mahasamund (C.G.), for the offence under Section 20(B) of the NDPS Act be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant/s shall file an undertaking to the effect that he/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 applicant/sshall remain present before the trial court on each date fixed, either personally or through his/their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his/their presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s 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/s 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/them in accordance with law. 5 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya