1 CGHC010236202026 2026:CGHC:31279 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5574 of 2026 Ashwani Kumar Prajapati S/o Late Rambadan Prajapati Aged About 44 Years R/o House No. 478, Near Sheetla Mandir, Arya Nagar, Kohka, Police Chowki Smriti Nagar, Supela Bhilai, Distt. Durg, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through P.S. Supela, Outpost Smriti Nagar, Bhilai, District Durg, Chhattisgarh. ...Non-applicant For Applicant : Mr. Aditya Shrivastava, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 22.07.2026 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. 546/2026 registered at Police Station – Supela, Outpost Smriti Nagar, Bhilai, District - Durg (C.G.), for the offences punishable under Sections 20(B) & 27(A) of the NDPS Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.23 11:03:25 +0530 2 2. Case of the prosecution, in brief, is that the Police Personnel of Outpost Smriti Nagar, P.S Supela Namely Deepal Singh Chauhan received a Secret information from the informant the one person is illegally selling Narcotics Substance i.e ganja in his Santro Car bearing its registration number CG 04 B 9230, upon that information Police Conducted the raid near Imli Pond, Junwani and arrested the applicant and after search 2.145 kg of Ganja was recovered From a Cloth Bag from his Car and a sum of Rs 1050/- Was recovered from his Pocket of Shirt and when asked he did not have any valid document and after that the FIR was registered and the charge sheet has been filed before the competent court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He has been in judicial custody since 19.04.2026, the charge-sheet has already been filed, and the trial is likely to take considerable time to conclude. It is further submitted that the alleged recovery of 2.145 kg of Ganja is an intermediate quantity, which is below the commercial quantity of 20 kg, and therefore the rigours of Section 37 of the NDPS Act are not attracted. The applicant is the sole breadwinner of his family, and his prolonged incarceration is causing severe hardship to his dependents. The applicant undertakes to furnish adequate surety, abide by all the terms and conditions imposed by this Hon'ble Court, and cooperate with the trial. Accordingly, he deserves to be enlarged on regular bail. 4. On the other hand, learned State Counsel opposed the bail application and submitted that the applicant has one criminal antecedents. 3 Therefore, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, and further taking into account the period of detention, as the applicant has remained in jail since 19.04.2026, and the fact that the charge-sheet has already been filed before the competent Court, and that the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the applicant. 7. Let the Applicant – Ashwani Kumar Prajapati, involved in Crime No. 546/2026 registered at Police Station – Supela, Outpost Smriti Nagar, Bhilai, District - Durg (C.G.), for the offences punishable under Sections 20(B) & 27(A) of the NDPS Act, be released on bail on his 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 his 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, 4 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. (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/- (Ramesh Sinha) Chief Justice Vaibhav