1 CGHC010179682026 2026:CGHC:32658 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4224 of 2026 1 - Chandan Pathak S/o Virendra Pathak Aged About 33 Years R/o Village Majhaniya P.S. Tiwaripur District- Gorakhpur (U.P.) 2 - Nitesh Kumar Mishra S/o Rudrapratap Mishra Aged About 32 Years R/o Narang Peddi P.S. Sahajnawa District- Gorakhpur (U.P.) ... Applicants versus State Of Chhattisgarh Through Thana In- Charge, P.S. Dongripali, District- Sarangarh- Bilaigarh (C.G.) ... Non-applicant _____________________________________________________ For Applicants :Mr. Rajendra Tripathi, Advocate. For Non-applicant/State :Mr. Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.07.2026 1. The Applicants have preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.14/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.30 11:14:19 +0530 2 Station – Dongripali, District Sarangarh-Bilaigarh (C.G.), for the offences under Sections 20(B) and 29 of the NDPS Act. 2. The case of the prosecution, in brief, is that on 08.01.2026, on the basis of secret information, the Police of Police Station Dongripali intercepted a maroon Maruti Dzire bearing registration No.UP42 AN-4856 near Birnipali Barrier. The vehicle was occupied by the Applicants. Upon search of a concealed chamber behind the middle seat of the vehicle, the police allegedly recovered 15.400 kilograms of contraband ganja packed in 20 packets. Based on these allegations, the aforesaid offences have been registered against the present Applicants. Hence this application. 3. Learned Counsel for the Applicants submits that the Applicants are innocent and have been falsely implicated in the present case. It is contended that there is no specific allegation against the present Applicants, the quantity of contraband allegedly seized is below the commercial quantity and they have been implicated solely on the basis of suspicion. It is further submitted that the Applicants have been in judicial custody since 06.04.2026, the investigation is complete and the charge-sheet has already been filed. It is lastly submitted that the Applicants are poor persons and as conclusion of trial is likely to take considerable time, 3 therefore, they may be granted bail. 4. On the other hand, learned Counsel for the State opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the fact that the alleged seizure of 15.400 kilograms of contraband ganja is below the commercial quantity, the period of custody of the Applicants since 06.04.2026 and considering that the trial is likely to take considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 7. Let Applicants- Chandan Pathak and Nitesh Kumar Mishra involved in Crime No.14/2026 registered at Police Station – Dongripali, District Sarangarh-Bilaigarh (C.G.), for the offences under Sections 20(B) and 29 of the NDPS Act be released on bail on their furnishing a personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant/s shall file an undertaking to 4 the effect that he/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 applicant/s shall remain present before the trial court on each date fixed, either personally or through his/their counsel. In case of his/their absence, without sufficient cause, the trial court may proceed against him/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his/their presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s 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/s 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/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 Priya