1 CGHC010230062026 2026:CGHC:31238 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5508 of 2026 1 - Dilip Barod S/o Bheru Singh Barod Aged About 45 Years R/o- Dabli, P.S. Lasudalia, District - Indore (M.P.) (As Per Challan) --- Applicant(s) versus 1 - State of Chhattisgarh Through Police Station- Mainpur District - Gariyaband (C.G.) --- Respondent(s) With MCRC No. 6041 of 2026 1 - Sarjan Kumar Vishwakarma S/o Dev Baksh Urf Devkaran Aged About 20 Years R/o Ward No. 20 Senwas Post- Gilakhedi P.S. Kurawar District- Rajgarh (M.P.) (As Per Challan) (As Per Challan Page No.14 ) ---Applicant(s) Versus RUCHI YADAV Digitally signed by RUCHI YADAV 2 1 - State of Chhattisgarh Through Police Station Mainpur District- Gariyaband (C.G.) --- Respondent(s) For Applicant(s) : Mr. Ashish Gangwani, Advocate For Respondent(s)/State : Mr. Sourabh Sahu, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/07/2026 1. Since the aforesaid bail applications arise out of the same crime number, they are being heard and decided by this common order. 2. The present are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), seeking grant of regular bail to the applicants, who have been arrested in connection with Crime No. 49/2026 registered at Police Station Mainpur, District Gariyaband (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 3. The prosecution case, in brief, is that on 21.03.2026, acting upon information received from an informant, the police of Police Station Mainpur conducted a search, during which 10.015 kg of ganja was allegedly recovered from the possession of the applicant Sarjan Kumar Vishwakarma and 4.060 kg of ganja was allegedly recovered from the possession of applicant Dilip Barod. Thus, a total quantity of 14.075 kg of ganja was allegedly seized. 3 Consequently, Crime No. 49/2026 was registered at Police Station Mainpur, District Gariyaband (C.G.), for the offence punishable under Section 20(b) of the NDPS Act and the applicant was arrested in connection with the said crime. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. It is contended that the total quantity of ganja allegedly seized from the applicants is 14.075 kg, which is below the commercial quantity prescribed under the NDPS Act. It is also submitted that the charge-sheet has already been filed, the applicants have been in judicial custody since 21.03.2026, they have no criminal antecedents, and, therefore, no further custodial interrogation is required. On these grounds, it is prayed that the applicants be enlarged on regular bail. 5. On the other hand, learned State counsel opposes the bail applications. However, he fairly submits that the applicants have no criminal antecedents. He further submits that considering the nature and gravity of the offence, the applicants are not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, particularly the fact that the total quantity of ganja allegedly seized from the applicants is 14.075 kg, which is below the commercial quantity, 4 the charge-sheet has already been filed, the applicants are in judicial custody since 21.03.2026, they have no criminal antecedents as fairly conceded by the learned State counsel and without commenting on the merits of the case, this Court is inclined to allow the present bail applications. Accordingly, the bail applications are allowed. 8. Let the applicants, namely Dilip Barod and Sarjan Kumar Vishwakarma involved in Crime No. 49/2026 registered at Police Station Mainpur, District Gariyaband (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), be released on bail on their furnishing personal bonds with two local sureties each in the like sum 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 against them under Section 269 of Bharatiya Nyaya Sanhita. 5 (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. 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