1 CGHC010142302026 2026:CGHC:30689 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3359 of 2026 1 - Manoj Kumar Saini S/o Fulchand Saini Aged About 25 Years R/o Village- Modi, Police Station- Mehda, Tehsil- Khetdi, District- Jhunjhuna (Rajasthan) (Additionally Wrongly Mentioned In The Impugned Order As Police Station- Seepat, District- Bilaspur (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through Police Station- Ratanpur, District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Dhirendra Prasad Mishra, Advocate For Respondent(s)/State : Ms. Palak Dwivedi, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.07.2026 1. This is the first bail application filed under Section 483 of the RUCHI YADAV Digitally signed by RUCHI YADAV 2 Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of regular bail to the applicant, who has been arrested in connection with Crime No. 585/2024 registered at Police Station Ratanpur, District Bilaspur (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story, in brief, is that acting on a secret information received on 13.09.2024, the police of Police Station Ratanpur intercepted a white Maruti Suzuki Swift car bearing Registration No. HR-51-AM-8554 near Ghatarli Resort. Upon search, 101.700 kilograms of ganja was allegedly recovered from the trunk of the vehicle. The driver disclosed his identity as Rajesh Sharma. During investigation, on the basis of the memorandum statement of the said accused, the present applicant and other co- accused were implicated in the alleged offence. Accordingly, Crime No. 585/2024 was registered at Police Station Ratanpur, District Bilaspur, for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. After completion of the investigation, the charge-sheet was filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that no contraband was recovered from the conscious possession of the applicant and that the alleged contraband was seized from the vehicle in which the applicant was travelling along 3 with the co-accused. It is further submitted that the applicant has been implicated solely on the basis of the memorandum statement of the co-accused. Learned counsel also submits that the mandatory provisions of the NDPS Act have not been duly complied with. It is further contended that only 4 out of 19 prosecution witnesses have been examined and, therefore, the conclusion of the trial is likely to take considerable time. The applicant has been in judicial custody since 10.03.2025. It is further submitted that the charge-sheet has already been filed and that the applicant has no criminal antecedents. Learned counsel further submits that co-accused Bikram Patra and Rajesh Sharma have already been enlarged on bail by the Hon'ble Supreme Court vide orders dated 25.03.2026 and 27.05.2026, respectively, and that the case of the present applicant stands on the same footing as that of the said co-accused. Accordingly, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of regular bail and submits that a commercial quantity of contraband has been seized and the material collected during the course of investigation prima facie discloses the involvement of the applicant in the commission of the alleged offence. Accordingly, it is prayed that the bail application deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Taking into consideration the facts and circumstances of the case, particularly the fact that no contraband was recovered from the conscious possession of the applicant, the charge-sheet has already been filed, the applicant has remained in judicial custody since 10.03.2025, only 4 out of 19 prosecution witnesses have been examined, the applicant has no criminal antecedents and the co-accused have already been enlarged on bail by the Hon'ble Supreme Court, this Court is of the considered opinion that the applicant has made out a case for grant of regular bail. Accordingly, without expressing any opinion on the merits of the case, the application is allowed. 7. Let the Applicant – Manoj Kumar Saini involved in Crime No.- 585/2024 registered at Police Station Ratanpur, District Bilaspur (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 5 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 his 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, 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 6 against him in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. 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 Ruchi