1 CGHC010187312026 2026:CGHC:32657 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4421 of 2026 Ajay Kumar Sahani S/o Shri Goutam Sahani Aged About 28 Years R/o Pathara Post Bishunpur P.S. Yadavpur District Gopalganj Bihar At Present Resident Of Village Borgaon, Panarapara P.S. Kosagumad, Tehsil Kosagumanda District Navrangpur Orissa ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Baster District Bastar Place Jagdalpur C.G. ... Non-applicant _____________________________________________________ For Applicant :Mr. Bharat Lal Sahu, Advocate. For Non-applicant/State :Ms. Ritika Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.12/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.30 11:14:19 +0530 2 Station – Bastar, District Bastar Place Jagdalpur (C.G.), for the offence under Section 20(b)(ii)(B) of the NDPS Act. 2. The case of the prosecution, in brief, is that on the basis of secret information, the Police of Police Station Bastar intercepted the present Applicant and recovered 6.341 kilograms of contraband ganja from a black backpack allegedly found in his possession. During the investigation, the seized contraband was found to be of a quantity greater than the small quantity but below the commercial quantity prescribed under the NDPS Act. Accordingly, the Applicant was arrested and charge-sheeted for the offence as mentioned above. Hence this application. 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 the alleged contraband was not recovered from his exclusive and conscious possession and that the quantity allegedly seized is below the commercial quantity. It is further contended that there has been non- compliance with the mandatory provisions of the NDPS Act, including Section 42 and that the prosecution has failed to conduct a fair and proper investigation before registering the FIR. It is also submitted that the Applicant has been in judicial custody since 14.02.2026 and conclusion of trial is 3 likely to take considerable time, he may be granted bail. 4. On the other hand, learned Counsel for the State opposes the bail application and submits that there are no previous criminal antecedents against the present Applicant. 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 6.341 kilograms of contraband ganja is below the commercial quantity, the period of custody of the Applicant since 14.02.2026, the absence of any criminal antecedents on the part of the Applicant 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 Applicant- Ajay Kumar Sahani involved in Crime No. 12/2026 registered at Police Station – Bastar, District Bastar Place Jagdalpur (C.G.), for the offence under Section 20(b)(ii) (B) of the NDPS Act be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following 4 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. (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. 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