1 CGHC010164182026 2026:CGHC:31041 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3883 of 2026 Montu Chhura S/o Chudamadi Chhura Aged About 28 Years R/o Village - Kapsipali Police Station Khaprakhol District- Balangir (Odisha) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Komakhan District- Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Gurudev I. Sharan, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.07.2026 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. 16/2026 registered at Police Station - Komakhan, District – Mahasamund (C.G.) for the offence under Sections 338, 336(3), 340(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 20(b)(ii)(C) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution case, in brief, is that on 30.01.2026, the police of Police Station - Komakhan, District - Mahasamund (C.G.), received secret ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.22 16:49:29 +0530 2 information from an informer that two persons were transporting contraband Ganja from Odisha to Chhattisgarh on a blue-coloured TVS Jupiter scooty bearing Registration No. CG-04-LG-5607. Acting upon the said information, the police reached the spot and laid a blockade in front of the police station. After some time, the said scooty was intercepted, and the persons travelling on it were questioned. They disclosed their names as Rupesh Sahu and Nitin Rajulkar and allegedly stated that they had brought the contraband Ganja from Odisha for the purpose of selling it in Madhya Pradesh. Thereafter, a search of the TVS Jupiter scooty bearing Registration No. CG-04-LG-5607 was conducted, during which 10 kilograms of contraband Ganja was allegedly recovered from the dickey of the vehicle and seized from the joint possession of the aforesaid persons. Consequently, a First Information Report was registered against them. During the course of investigation, the memorandum statement of co-accused Rupesh Sahu was recorded, wherein he allegedly disclosed that the present applicant had supplied the contraband Ganja after receiving Rs. 65,000/- in cash and ₹20,000/- through PhonePe in the name of his brother, Subhash Chhura. It is further alleged in the said memorandum statement that the present applicant is the main person involved in the sale and purchase of contraband Ganja and that he had supplied the contraband to co- accused Rupesh Sahu and Nitin Rajulkar. On the basis of the memorandum statement of the co-accused and the material collected during the course of investigation, the present applicant was implicated in the case, and Crime No. 16/2026 was registered at Police Station Komakhan, District Mahasamund (C.G.), for the offences punishable under Sections 338, 336(2), 29(3), and 340(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs 3 and Psychotropic Substances Act, 1985. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the co-accused persons namely, Rupesh Sahu and Nitin Rajulkar intermediate quantity of Ganja was seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of Ganja as prescribed under the schedule is more than 20 Kgs and from the joint possession of the co- accused persons only 10 kgs of Ganja was seized. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedents under the NDPS Act. He further submits that the applicant is in jail since 13.02.2026, conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that 10 Kgs of contraband Ganja, which is less than commercial quantity, was recovered from the possession of the co- accused persons, namely, Rupesh Sahu and Nitin Rajulkar, and that the name of the present applicant came to light only on the basis of the memorandum statement of the said co-accused, coupled with the fact that the applicant has no criminal antecedents under the NDPS Act, the 4 charge-sheet has already been filed before the competent Court, and the applicant has been in judicial custody since 13.02.2026, and considering that the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail. 7. Let the Applicant - Montu Chhura, involved in Crime No. 16/2026 registered at Police Station - Komakhan, District – Mahasamund (C.G.) for the offence under Sections 338, 336(3), 340(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 20(b)(ii)(C) and Section 29 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 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 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 5 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek