1 CGHC010243762026 2026:CGHC:32673 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5738 of 2026 1 - Sushant Bagh S/o Champeshwar Bagh Aged About 30 Years R/o Village Nehenabad, Police Station Patnagarh, District Balangir Odisha Presently Lodged In District Jail Mahasamund Chhattisgarh ... Applicant(s) versus 1 - State of Chhattisgarh Through Police Station Komakhan, District Mahasamund Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Virendra Kashyap, Advocate For Respondent(s)/State : Ms, Smriti Shrivastava, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.07.2026 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. 76/2026 registered at Police Station Komakhan, District Mahasamund (Chhattisgarh), for the offences punishable under Section 20(b)(ii)(B) of the NDPS Act. 2. As per the prosecution story, on 19.05.2026, the police party allegedly received secret information that a person carrying Ganja on a motorcycle was proceeding towards Kasekera. Acting on the said information, the police allegedly intercepted the applicant and recovered 07 kg of Ganja from a white plastic bag tied to the rear of the motorcycle. On the basis of the aforesaid alleged recovery, FIR bearing Crime No.76/2026 for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that no contraband was recovered from the possession of the applicant and the alleged recovery is false. It is further submitted that the alleged quantity of 07 kg of Ganja is below the commercial quantity, therefore, the rigours of Section 37 of the NDPS Act are not attracted. It is also submitted that the applicant has been in judicial custody since 19.05.2026 and the trial is likely to take considerable time to conclude. On these grounds, prayer has been made to enlarge the applicant on bail. 3 4. Per contra, learned State counsel opposes the bail application and submits that the applicant is involved in a serious offence under the NDPS Act. It is further submitted that the applicant has one previous criminal antecedent under the IPC. Therefore, considering the nature and gravity of the offence, the present bail application deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Taking into consideration the nature and circumstances of the case, the allegations levelled against the applicant, the fact that the alleged recovery is of 07 kg of Ganja, which is below the commercial quantity prescribed under the NDPS Act, the period of custody of the applicant since 19.05.2026 and the likelihood of the trial taking considerable time to conclude, this Court is of the opinion that further custodial detention of the applicant is not warranted at this stage. Considering the overall facts and circumstances of the case and without expressing any opinion on the merits of the matter, this Court is inclined to allow the present bail application. 7. Accordingly, the bail application is allowed. Let the Applicant – Sushant Bagh involved in Crime No.- 76/2026 registered at Police Station Komakhan, District Mahasamund (Chhattisgarh), for the offences punishable under Section 20(b)(ii)(B) of the NDPS Act, be released on bail on furnishing personal bond with two 4 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 Bharatiya Nyaya Sanhita. 5 (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