1 CGHC010295822026 2026:CGHC:33273 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6963 of 2026 1 - Naresh Yadav S/o Shri Amar Say Yadav Aged About 35 Years R/o Village- Ratanpur Pathipara, P.S. Sitapur, District- Surguja (C.G.) 2 - Surendra Kumar Rajwade @ Pintu S/o Shri Ramsay Rajwade Aged About 33 Years R/o Village- Rafeli, Thana- Darima, District- Surguja (C.G.) ... Applicants versus The State Of Chhattisgarh Through Station House Officer, Police Station- Tamnar, District- Raigarh, (C.G.) ... Respondent For Applicants : Mr. Sunil Sahu, Advocate For Respondent-State : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 31/07/2026 1. Applicants have filed this second bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as they have been arrested in connection with Crime No. 44/2026, registered at Police Station –Tamnar, District- Raigarh (C.G.) for the offence PRASHANT DEWANGAN Digitally signed by PRASHANT DEWANGAN Date: 2026.08.01 17:19:24 +0530 2 punishable under Section 20-B of Narcotic Drugs and Psychotropic Substances Act, 1985. First bail application of the present applicants was withdrawn vide order dated 17/06/2026 in MCRC No. 5029 of 2026 with liberty to repeat the prayer after examination of seizure witnesses. 2. Case of prosecution in brief is that, on 26/02/2026, upon receiving secret information from the informant, police intercepted one un- numbered Splendor Plus motor-cycle and upon search police seized 12.410 Kg contraband ganja under the seat of motor-cycle in packet of 1 Kg each. Based on recovery of the ganja, the criminal case was registered against the applicants and the other co-accused persons and they were arrested on 26/02/2026. 3. Learned counsel for applicants submits that the applicants have been falsely implicated in the crime and they have not committed the offence as alleged. With regard to the seizure, the witnesses have not supported the case of the prosecution. There are as many as 17 witnesses, out of which, only 7 have been examined till 10/07/2026 and from the evidence of the witnesses examined, the allegation leveled against the applicants would not to be found to be proved. The applicants are in jail since 26/02/2026. He also submits that there is no criminal antecedents against the applicants, hence they may be enlarged on bail. 4. On the other hand, learned counsel for State opposes the submission made by learned counsel for the applicants and submits that according to the charge-sheet, seizure of contraband ganja is from the applicant No.1 and seizure of motor-cycle from the applicant No.2. He further 3 submits that according to the information available in the charge-sheet, there is no criminal antecedent against the applicants. 5. I have heard learned counsel for the parties and perused the documents enclosed along with the bail application. 6. Taking into facts and circumstances of the case, nature of allegations made against the present applicants as also the pre-trial detention period of applicants, and also considering that there is no criminal antecedent against the applicants and trial may take some more time for its conclusion, without commenting anything on the merits of the case, I am inclined to allow this application. 7. Accordingly, bail application is allowed. It is directed that the applicants shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- each with one surety each in the like sum to the satisfaction of the trial Court on the conditions that- (a) The applicants 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. (b) The applicants shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such 4 proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) The applicants 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 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. Certified copy as per rules. Sd/- (Parth Prateem Sahu) JUDGE Prashant