1 CGHC010173752026 2026:CGHC:32659 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4099 of 2026 Ramesh Meher S/o Gupteshwar Meher Aged About 53 Years R/o Ward No. 9, Chaul Sukha, Thana Kantabanji, District Balangir (Orissa) --- Applicant versus State Of Chhattisgarh Through- Police Station- Komakhan, District Mahasamund (C.G.) --- Non-Applicant MCRC No. 4623 of 2026 1 - Babulal S/o Omprakash Aged About 40 Years R/o Village- Naugaon, Nagla, Bholamathura, Thana Chhata, District- Mathura (U.P.) 2 - Ravindra Thakur S/o Sujan Singh Aged About 19 Years R/o Village- Sadhan, Thana- Achhnera, District- Agra (U.P.) ---Applicants Versus State Of Chhattisgarh Through- Police Station Komakhan, District- Mahasamund (C.G.) --- Non-Applicant For Applicants : Shri Vikas Kumar Pandey, Advocate. For Non-Applicant : Shri Shubham Bajpai, PL. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.29 19:20:31 +0530 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29/07/2026 1. Since the aforesaid bail applications arise out of same crime number, they are being disposed of by this common order. 2. These are the first bail applications 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 No.34/2026 registered at Police Station Komakhan, District Mahasamund (C.G.) for the offence under Section 20 (£) and 20 (ch) (II) of the NDPS Act. 3. The prosecution case, in brief, is that on 21.03.2026, on the basis of secret information given by the informant, the concerned Police has intercepted and stopped the vehicle bearing registration No.HR-56C-2387 and conducted a search and seized 12.300 kg of contraband Ganja from joint possession of applicants namely, Babulal and Ravindra Thakur and thereafter the FIR was registered against the said persons. However, on the basis of memorandum of co-accused persons, applicant - Ramesh Meher has been roped in the offence. Hence the bail applications. 4. It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the crime. The contraband Ganja has not been seized from possession of the applicants and it was seized from open place. 3 The prosecution has not properly complied with the provisions of the NDPS Act and the seized quantity is less than commercial quantity. The applicants do not have any criminal antecedents. They are in jail since 21.3.2026 & 26.3.2026 respectively. Therefore, the applicants may be released on bail. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicants do not have any criminal antecedents, and the charge sheet has been submitted against them. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicants, the applicants do not have any criminal antecedents, they are in jail since 21.3.2026 & 26.3.2026 respectively, further considering the quantity of contraband seized from joint possession of the accused persons, which appears to be less than commercial quantity and conclusion of trial is likely to take some time, this Court is of the view that the applicants are entitled to be released on bail in the present case. Accordingly, the Applications are allowed. 8. Let the Applicant – Ramesh Meher, Babulal & Ravindra Thakur, involved in Crime No.34/2026 registered at Police Station Komakhan, District Mahasamund (C.G.) for the offence 4 under Section 20 (£) and 20 (ch) (II) of the 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 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 his 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 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. 5 (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 are 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Barve