1 CGHC010180832026 2026:CGHC:32127 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4267 of 2026 1 - Bhojraj @ Ramu Thakur S/o Vinod Thakur Aged About 20 Years R/o - Ward No. -03, Tikripara Ram Nagar Road Takhatpur P.S. Takhatapur, District Bilaspur,C.G. 2 - Akash @ Akku Thakur S/o Ravi Singh Thakur Aged About 20 Years R/o- Ward No.-03 Tikripara Ram Nagar Road Takhatpur -P.S. Takhatpur District - Bilaspur C.G. (Detail Of The Applicants Have Not Mentioned In The Annexure A-1) ... Applicants versus State Of Chhattisgarh Through- Station House Officer, Police Station Basna, District Mahasamund C.G. ...Non-applicant For Applicants : Mr. Sudhir Kumar Sahu, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 27.07.2026 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 applicants who have been arrested in connection with Crime VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.28 12:14:15 +0530 2 No.195/2026 registered at Police Station – Basna, District Mahasamund (C.G.), for the offences punishable under Section 20(b) (ii)(B) of the N.D.P.S. Act. 2. The case of the prosecution is that the concerned police station Basna, received secret information through the informant that on the date of incident, unknown persons have kept illegal contraband ganja in their bolero vehicle to sale and police has seized 10.100 kg. from place of incident at open place near Palsapali Barrier and as a result thereof, police has registered offence publishable under section 20(b) (ii) (B) of the N.D.P.S. Act against the applicants. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case and have no nexus whatsoever with the alleged offence. It is contended that the prosecution has failed to establish the exclusive and conscious possession of the seized contraband, as the seizure witnesses do not support the prosecution case, and the quantity of the alleged contraband ganja is below the commercial quantity prescribed under the NDPS Act. It is further submitted that the mandatory provisions of the NDPS Act have not been complied with during the investigation, and the police registered the FIR without conducting a fair and proper investigation, resulting in the false implication of the applicants. Learned counsel submits that the allegations against the applicants are false, fabricated, and unsupported by reliable evidence, and that the applicants have neither committed the alleged offence nor were they involved in the commission of the crime. It is further submitted that the applicants have been in judicial custody since 3 15.04.2026, therefore, it is prayed that the applicants be enlarged on bail. 4. Learned State Counsel opposes the bail application and submits that acting on secret information, the police seized 10.100 kg of contraband ganja from a Bolero vehicle and the investigation prima facie reveals the involvement of the present applicants in the commission of the offence punishable under Section 20(b)(ii)(B) of the NDPS Act. Considering the nature and gravity of the offence and the material collected during the investigation, therefore, it is prayed that applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, it is observed that the contraband allegedly recovered from the possession of the applicants is less than the commercial quantity as prescribed under the NDPS Act. Further, considering the fact that the charge-sheet has already been filed before the competent Court, that the applicants have no previous criminal antecedents, that they have been in judicial custody since 15.04.2026, and that the conclusion of the trial is likely to take considerable time, this Court is of the considered view that the applicants are entitled to be released on bail in the present case. correct 7. Let the Applicants – Bhojraj @ Ramu Thakur & Akash @ Akku Thakur involved in Crime No.195/2026 registered at Police Station – Basna, District Mahasamund (C.G.), for the offences punishable under Section 20(b)(ii)(B) of the N.D.P.S. Act, be released on bail on 4 his furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 applicants 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 applicants 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 court shall initiate proceedings against him, 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 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 them 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