1 CGHC010203712026 2026:CGHC:33239 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4773 of 2026 Khandav @ Rahul Beniya S/o Kumar Baniya Aged About 39 Years R/o Village Marlad Thana Titalagarh Tehsil And District Balangir (Odisa) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station Komakhan District Mahasamund (C.G.) ... Non-applicant For Applicant : Ms. Anjali Pradhan, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 28/2026 registered at Police Station - Komakhan, District - Mahasamund (C.G.) for the offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story, in brief, is that based on secret information received from an informant, on 21.02.2026, ASI Nagendra Dubey, Police Station Komakhan, received information that two persons were travelling towards Suvarmal from village Goynabahara. One of them was riding a ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.31 16:42:07 +0530 2 grey-coloured TVS Radeon motorcycle without a registration number, while the other was riding a white-coloured TVS Jupiter bearing registration No. CG-04-NT-8981. It was informed that both the vehicles were coming from Odisha towards Chhattisgarh and that the persons travelling therein were carrying illegal narcotic substance, i.e., Ganja. Thereafter, the police intercepted both vehicles. From the vehicle without a registration number, driven by Ravindra Kumar Baghel, 03 kg of Ganja was seized, whereas from the TVS Jupiter bearing registration No. CG- 04-NT-8981, driven by Samelal Jaiswal, 10 kg of Ganja was seized. Thus, a total quantity of 13 kg of Ganja was seized from both the accused persons. Thereafter, on the basis of the memorandum statement of co-accused Samelal Jaiswal, the present applicant, Khandav Benia, was arrested. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. She further submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. She also submits that from the possession of the said co-accused namely, Ravindra Kumar Baghel and Samelal Jaiswal intermediate quantity of Ganja was 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 said co-accused persons only 13 kgs of Ganja was seized. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedents. She further submits that the applicant is in jail since 07.03.2026, conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 3 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 before the competent Court. 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, particularly the fact that the contraband article, i.e., 13 kgs of Ganja, was recovered from the possession of the co-accused persons, namely, Ravindra Kumar Baghel and Samelal Jaiswal, which is less than the commercial quantity, and that the present applicant has been implicated solely on the basis of the memorandum statement of co-accused Samelal Jaiswal, coupled with the fact that the present applicant has no criminal antecedents under the NDPS Act, the charge-sheet has already been filed before the competent Court, the applicant is in judicial custody since 07.03.2026, and the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. 7. Let the Applicant - Khandav @ Rahul Beniya, involved in Crime No. 28/2026 registered at Police Station - Komakhan, District - Mahasamund (C.G.) for the offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 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 4 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. - Sd/- (Ramesh Sinha) Chief Justice Abhishek