1 CGHC010286052026 2026:CGHC:32587 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6834 of 2026 Nomendra Rajak S/o Narad Rajak Aged About 19 Years P. S. Charma, R/o Jaiskarra Patharri, District Kanker (C.G.) (As Per The Charge Sheet) (Complete Age And Address Not Mentioned In The Impugned Order) ... Applicant(s) versus State Of Chhattisgarh Through P. S. Balod, District Balod, (C.G.) ... Respondent(s) For Applicant(s) : Mr. Roshan Singh Lamba, Advocate. For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer. 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 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 58/2026 registered at Police Station Balod, District Balod (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Section 20(B) of the NDPS Act. 2. Case of the prosecution, in brief, is that on 30.01.2026 at about 6:05 p.m., the police received secret information that three persons were travelling from Charama to Balod on a Passion Pro motorcycle bearing registration No. CG-19-BA-6418, carrying illegal contraband (ganja). Acting upon the said information, the police conducted a search and interception near Ranimai Temple, where the motorcycle was stopped. Upon search, a total of 4.082 kg of ganja was allegedly recovered from the possession of the accused persons. Consequently, the present crime was registered against them under the provisions of the NDPS Act. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicant intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the applicant only 4.082 kg Ganja has been seized. He later submits that the 3 applicant has no criminal antecedent and identically situated co- accused, namely, Jitendra Nishad has already been granted bail by this Court vide order dated 15.07.2026 in MCRC No.5629 of 2026, further the applicant is in jail since 30.01.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case and also endorse the said submission that the applicant has no criminal antecedent. He further submits that from the possession of the applicant contraband article i.e. 4.082 kg of Ganja is seized, therefore, the present applicant is not entitled for grant of bail. 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 and the fact that the applicant has no criminal antecedent and the contraband article i.e. 4.082 kg Ganja recovered from the possession of the applicant is less than the commercial quantity and identically situated co-accused, namely, Jitendra Nishad has already been granted bail by this Court vide order dated 15.07.2026 in MCRC No.5629 of 2026, the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Accordingly, the application is allowed. 8. Let the Applicant - Nomendra Rajak, involved in Crime No. 58/2026 registered at Police Station Balod, District Balod (C.G.) for the offence punishable under Section 20(B) of the NDPS Act, be released on bail on his furnishing personal bond with two 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. (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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil