1 CGHC010212532026 2026:CGHC:31260 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5510 of 2026 1 - Surjo Narayan Batra S/o Ramo Batra Aged About 31 Years Caste Batra R/o Surli Devsaarguda Tahsil Kotapaadh, Police Station Kotapaadh District Koraput, State (Odisha) 2 - Subar Pujari, S/o Nando Pujari, Aged About 30 Years Caste Batra R/o Surli Devsaarguda Tahsil Kotapaadh Police Station Kotapaadh District Koraput, State Odisha --- Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station - Bastar, District Bastar (C.G.) --- Respondent(s) For Applicant(s) : Mr. Shikhar Agnihotri, Advocate For Respondent(s)/State : Ms. Ritika Verma, P.L. RUCHI YADAV Digitally signed by RUCHI YADAV 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/07/2026 1. The present is the first bail application 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. 72/2025 registered at Police Station- Bastar, District- Bastar (C.G.), for the offences punishable under Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 2. The prosecution case, in brief, is that on 26.06.2025, acting upon information received from an informant, Assistant Sub-Inspector Tingali Ram Kashyap of Police Station Bastar conducted a search, during which a total quantity of 22.588 kg of ganja, packed in two brown-coloured packets wrapped with cello tape and kept in a black and turquoise-coloured backpack, was allegedly recovered from the conscious possession of the applicants. The seized quantity being more than the commercial quantity prescribed under the NDPS Act, the police registered the concerned crime against the applicants and arrested them in connection with the said crime. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. It is further submitted that the co-accused, Dilip Kumar Hial, has already been enlarged on bail by the Hon'ble Supreme Court in Special 3 Leave to Appeal (Crl.) No. 6593/2026 vide order dated 11.05.2026, and the present applicants are entitled to the benefit of parity. It is also submitted that the charge-sheet has already been filed, the applicants have no criminal antecedents, have been in judicial custody since 27.06.2025 and the conclusion of the trial is likely to take considerable time. On these grounds, it is prayed that the applicants be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the bail application. However, he fairly submits that the applicants have no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that the co-accused, Dilip Kumar Hial, has already been enlarged on bail by the Hon'ble Supreme Court, the charge-sheet has already been filed, the applicants have been in judicial custody since 27.06.2025, they have no criminal antecedents as fairly conceded by the learned State counsel and the conclusion of the trial is likely to take considerable time, and without expressing any opinion on the merits of the case, this Court is inclined to allow the present bail application. Accordingly, the bail application is allowed. 7. Let the applicants, namely Surjo Narayan Batra and Subar Pujari, involved in Crime No.72/2025 registered at Police 4 Station- Bastar, District- Bastar (C.G.), for the offences punishable under Sections 20(b)(ii)(C) and 29 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. (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 5 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. 8. 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. 9. 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