1 CGHC010224122026 2026:CGHC:30957 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5361 of 2026 1 - Shiv Kumar Rai S/o Ram Kumar Rai Aged About 31 Years R/o Dharampura Thana Dharampura Jabalpur District Jabalpur M.P. --- Applicant(s) versus 1 - State of Chhattisgarh Through- The Station House Officer Basantpur Rajnandgaon District Rajnandgaon C.G. --- Respondent(s) With MCRC No. 5759 of 2026 1 - Smt. Pushpa Barman W/o- Rajesh Barman Aged About 28 Years R/o- Adhartal, P.S. Panagar District- Jabalpur (M.P.) (As Per F I R) (Husband Name Wrongly Mention In Impugned Order) ---Applicant(s) Versus RUCHI YADAV Digitally signed by RUCHI YADAV 2 1 - State of Chhattisgarh Through Police Station- Basantpur District- Rajnandgaon (C.G.) --- Respondent(s) With MCRC No. 5775 of 2026 1 - Shalik Ram Dhimar S/o Puran Dhimar Aged About 21 Years R/o - Makan No. 149 Ward No. 07 Padwar Danwara, P.S. Simariya District - Panna (M.P.) (As Per Challan) ---Applicant(s) Versus 1 - State of Chhattisgarh Through Police Station - Basantpur District - Rajnandgaon (C.G.) --- Respondent(s) For Applicant (s) : Mr. Ashish Pandey along with Mr. Manuraj Singh in MCRC No. 5361 of 2026 Mr. Ashish Gangwani, Advocate in MCRC Nos. 5759 of 2026 and 5775 of 2026 For Respondent(s)/State : Ms. Monika Singh Thakur, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/07/2026 3 1. Since the aforesaid bail applications arise out of the same crime number, they are being heard together and are being decided by this common order. 2. These are the first applications for grant of regular bail filed by the applicants under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"). The applicants are in judicial custody in connection with Crime No. 148/2026 registered at Police Station- Basantpur, District- Rajnandgaon (Chhattisgarh), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. As per the prosecution case, on 03.04.2026, the police received a credible information that three persons, including one woman, were carrying contraband ganja near GE Road, Mundada Kunj. Acting upon the information, the police reached the spot, apprehended the suspects, and conducted a search in the presence of witnesses. During the search, 2.099 kg of ganja was allegedly recovered from the possession of applicant Shiv Kumar Rai, 3.143 kg from applicant Shalik Ram Dhimar, and 4.172 kg from applicant Pushpa Barman, aggregating to 9.414 kg of ganja, valued at approximately ₹94,000/-. The contraband was seized in accordance with law, the applicants were arrested, and, on the basis of the said seizure, the present crime was registered against them for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 4 4. Learned counsel appearing for the respective applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is contended that the applicants have been in judicial custody since 03.04.2026. It is further submitted that the applicants have no criminal antecedents. The investigation has been completed and the charge-sheet has already been filed. It is also submitted that the quantity of contraband allegedly seized from each of the applicants is below the commercial quantity. Since the trial is likely to take considerable time to conclude, it is prayed that the applicants be enlarged on bail. 5. Per contra, learned State counsel opposes the bail applications and submits that the contraband has been recovered from the conscious possession of the applicants. It is further submitted that the charge-sheet has already been filed. Accordingly, it is prayed that the bail applications be dismissed. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the overall facts and circumstances of the case, particularly the fact that the quantity of contraband allegedly recovered from each of the applicants is below the commercial quantity, the applicants have no criminal antecedents, they are in judicial custody since 03.04.2026, the investigation has been completed and the charge-sheet has already been filed, and the trial is likely to take considerable time to conclude, this 5 Court is of the view that, without expressing any opinion on the merits of the case, the applicants deserve to be enlarged on bail. Accordingly, the bail applications are allowed. 8. Accordingly, the bail applications are allowed. 8. Let the applicants, namely Shiv Kumar Rai, Smt. Pushpa Barman and Shalik Ram Dhimar, involved in Crime No. 148/2026 registered at Police Station- Basantpur, District- Rajnandgaon (Chhattisgarh), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on each of them furnishing a personal bond with two local sureties in the like amount to the satisfaction of the Court concerned, subject to the following conditions:- (i) The applicants shall file an undertaking to the effect that 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed 6 against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants 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 them in accordance with law. 9. 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. 7 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Ruchi