1 CGHC010213122026 2026:CGHC:31011 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4969 of 2026 Shankar Ram Yadav S/o Rangilal Yadav Aged About 27 Years R/o Pongro, Police Station- Kansabel, District- Jashpur (C.G.) .. Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Baramkela, District- Sarangarh- Bilaigarh (C.G.) ... Non-applicant(s) For Applicant : Mr. Amit Singh Chauhan, Advocate. For Non-applicant/State : Mr. Saumya Rai, Dy. Govt. Advocate. Hon'ble Shri 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. 39/2026 registered at Police Station Baramkela District- Sarangarh- Bilaigarh (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, on 10.04.2026, during vehicle checking near Government High School, Village Jhanakpur, the police allegedly intercepted a motorcycle and recovered 3.220 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 kilograms of cannabis (ganja) from the possession of co-accused Omprakash Banjara and Kuldeep Ram. Both the co-accused persons were arrested on the spot. During investigation, on the basis of the memorandum statements of the said co-accused persons, the present applicant was implicated in the crime and was subsequently arrested on 29.04.2026. After completion of investigation, charge-sheet has been filed. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and no contraband has been recovered from his conscious or exclusive possession. He further submits that the entire implication of the applicant is based solely on the memorandum statements of the co-accused Omprakash Banjara and Kuldeep Ram, from whose possession the alleged contraband was actually seized and except the said memorandum statements, there is no independent material connecting the applicant with the alleged offence. He further submits that the recovered quantity of ganja is 3.220 kilograms, which is an intermediate quantity and below the commercial quantity. It is also submitted that the applicant has been in judicial custody since 29.04.2026, the investigation is complete, charge- sheet has already been filed and the trial is likely to take considerable time and fuhrer the applicant has no criminal antecedents and also the fact that the co-accused Omprakash Banjara and Kuldeep Ram have already been granted bail by this Court in MCRC No. 4145/2026 vide order dated 15.07.2026. Therefore, it is prayed that the applicant be released on bail. 3 4. On the other hand, learned State counsel opposes the bail application and submits that though the alleged contraband was recovered from the possession of co-accused Omprakash Banjara and Kuldeep Ram, during investigation they specifically disclosed the involvement of the present applicant in their memorandum statements, pursuant to which the applicant was arrested. He further submits that there are sufficient materials collected during investigation indicating the complicity of the applicant and, therefore, he is not entitled to be enlarged on bail however, he could not dispute the fact that said co-accused have been granted bail. 5. I have heard learned counsel for the parties and perused the case diary and other material available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegations, the material available on record and the fact that the alleged recovery of 3.220 kilograms of cannabis (ganja) was effected from the possession of the co-accused Omprakash Banjara and Kuldeep Ram and not from the present applicant, the fact that the present applicant has been implicated only on the basis of the memorandum statements of the co-accused persons and further the fact that the seized contraband is of intermediate quantity i.e. 3.220 Kg of Cannabis, the fact that the co-accused Omprakash Banjara and Kuldeep Ram have already been granted bail by this Court in M.Cr.C. No. 4145/2026 vide order dated 15.07.2026 and the applicant is in judicial custody since 29.04.2026, the charge-sheet has already been filed and the trial is likely to take some time thus, without commenting anything on the 4 merits of the case, this Court is inclined to allow the present bail application. 7. Accordingly, the bail application is allowed. 8. Let the Applicant – Shankar Ram Yadav, involved in Crime No. 39/2026 registered at Police Station Baramkela District- Sarangarh- Bilaigarh (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing 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 5 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. 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 Kunal