1 CGHC010265122026 2026:CGHC:30929 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6403 of 2026 Deepak Sahu S/o Dinesh Sahu Aged About 24 Years R/o Subhash Nagar, Dewarpara, Police Station - Telibandha, District - Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Telibandha, District Raipur (C.G.) ... Non-Applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 197/2026 registered at Police Station - Telibandha, District - Raipur (C.G.) for the offence punishable under Sections 20B of the Narcotic Drugs and Psychotropic Substance Act, 1985. 2. The case of the prosecution, in brief, is that on 02.05.2026, the police of Police Station Telibandha, District Raipur (C.G.), received secret information from an informant that a person was sitting near a hut constructed adjacent to the UCO Bank within the campus of Indira Gandhi Krishi Vishwavidyalaya, carrying a white plastic bag containing PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.22 17:16:46 +0530 2 narcotic substance for the purpose of sale and was searching for prospective customers. Acting upon the said information, the police reached the spot, conducted a raid, and apprehended the applicant. Upon search, 3 kilograms and 149 grams of ganja was allegedly recovered and seized from the possession of the applicant in accordance with law. Consequently, the police registered a crime against the applicant for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that, although the applicant has two previous criminal antecedents, the same have been duly explained in paragraph 4(a) of the present bail application. Learned counsel further submits that the applicant has been in judicial custody since 02.05.2026, the charge-sheet has already been filed, and the trial is likely to take a considerable period of time to conclude. In these circumstances, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that, although the charge-sheet has been filed. He further submits that the contraband allegedly recovered from the possession of the applicant is less than the commercial quantity. It is also submitted that the applicant has two previous criminal antecedents, however, none of them pertains to offences under the NDPS Act. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and the fact that the contraband allegedly recovered from the possession of the applicant is less than the 3 commercial quantity, further the applicant has two previous criminal antecedents, however, none of them pertains to offences under the NDPS Act, the charge-sheet has been filed and he is in jail since 02.05.2026, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. Let the applicant - Deepak Sahu involved in Crime No. 197/2026 registered at Police Station - Telibandha, District - Raipur (C.G.) for the offence punishable under Sections 20B of the Narcotic Drugs and Psychotropic Substance Act, 1985, be released on bail on his furnishing a personal bond with two 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 Section 209 of the Bharatiya Nyaya Sanhita. 4 (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 forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti