Extracted from the PDF above. The PDF is authoritative.
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CGHC010158352026
2026:CGHC:32401
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3913 of 2026 1 - Ajeet Hulwale S/o Mamta Hulwade Aged About 45 Years R/o Chaitanyapur, District- Ahmadnagar, (Maharastra)
… Applicant(s) versus 1 - State of Chhattisgarh Through - The Station House Officer Police Station - Nagarnar, District- Bastar (C.G.)
... Respondent(s) For Applicant(s) : Mr. Sagar Soni, Advocate For Respondent(s)/State : Ms. Nupur Trivedi, P.L.
Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.07.2026
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the applicant, who is in judicial custody in RUCHI YADAV Digitally signed by RUCHI YADAV
2 connection with Crime No. 172/2025 registered at Police Station Nagarnar, District- Bastar (Chhattisgarh) for the offence punishable under Section 20(b) of NDPS Act. 2. As per the prosecution case, the police of Police Station Nagarnar received secret information regarding the possession of contraband ganja by the present applicant. Acting upon the said information, the police conducted a raid and recovered 13.459 kg of contraband ganja from the conscious possession of the applicant. Consequently, the applicant was arrested, the aforesaid crime was registered against him under the relevant provisions of the NDPS Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the investigation has been completed and the charge-sheet has already been filed. It is further submitted that the applicant has no criminal antecedents and has been in judicial custody since 31.07.2025. Learned counsel also submits that the quantity of contraband ganja allegedly seized from the applicant is below the commercial quantity. It is contended that the trial is likely to take considerable time to conclude and, therefore, no useful purpose would be served by keeping the applicant in further judicial custody. Accordingly, it is prayed that the applicant be enlarged on regular bail. 3
4. On the other hand, learned State counsel opposes the bail application and submits that although the applicant has no criminal antecedents, considering the nature and gravity of the offence and the recovery of contraband from his possession, he does not deserve the benefit of regular bail. Accordingly, it is prayed that the bail application be rejected. 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, the fact that the investigation has been completed and the charge- sheet has already been filed, the applicant has been in judicial custody since 31.07.2025 and he has no criminal antecedents. It is also noticed that the quantity of contraband ganja allegedly recovered from the possession of the applicant is below the commercial quantity. Considering the overall facts and circumstances of the case, and the likelihood that the trial will take considerable time to conclude, further pre-trial detention of the applicant is not warranted. Accordingly, without expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a fit case for grant of regular bail. Consequently, the bail application is allowed. 7. Let the Applicant – Ajeet Hulwale involved in Crime No.-172/2025 registered at Police Station Nagarnar, District- Bastar (Chhattisgarh) for the offence punishable under Section 20(b) of
4 NDPS Act, be released on bail on 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 him 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, 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
5 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. 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 concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice Ruchi