1 CGHC010191912026 2026:CGHC:34614 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4767 of 2026 1 - Rajendra Prasad @ Rajan S/o Rambahadur Aged About 29 Years R/o Village- Mochra Khas Police Station Saini District- Koushambi (U.P.) Presently Residing At Pritam Nagar Police Station Dhumanganj District- Prayagraj (U.P.) 2 - Hemlata Kevart W/o Devkumar Kevart Aged About 30 Years R/o Village- Kargiroad Near Bijli Office Police Station Kota District- Bilaspur (C.G.) Presently Residing At In The House Of Haripal Near Kabir Aashram Police Station Dhumanganj District- Prayagraj (U.P.) (Correctely Mention As Per Fir ) ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Gudhiyari Raipur, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Arun Kumar Shukla, Advocate For Respondent(s)/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board RUCHI YADAV Digitally signed by RUCHI YADAV 2 06/08/2026 1. The present is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), seeking grant of regular bail to the applicants, who are in judicial custody in connection with Crime No. 114/2026 registered at Police Station Gudhiyari, District Raipur (Chhattisgarh), for the offences punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the NDPS Act"). 2. The case of the prosecution, in brief, is that on 12.03.2026, Police Station Gudhiyari, District Raipur, received secret information that one male and one female were carrying and selling contraband ganja near Platform No. 7 of Raipur Railway Station. After recording the information and complying with the mandatory provisions of the NDPS Act, the police party reached the spot and apprehended the applicants. During the search, 6.198 kg of ganja was recovered from the possession of applicant Rajendra Prasad and 6.958 kg of ganja was recovered from the possession of co-accused Hemlata Kevart, totaling 13.156 kg of contraband ganja. Mobile phones and cash were also seized from their possession. Thereafter, the applicants were arrested, a crime was registered against them. 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 the alleged quantity of ganja is 13.156 kilograms, which is below the commercial quantity and, therefore, the rigours of Section 37 of the NDPS Act are not attracted. It is further submitted that the applicants have no criminal antecedents, the mandatory provisions of 3 the NDPS Act have not been complied with, they are in judicial custody since 12.03.2026 and the trial is likely to take considerable time. It is, therefore, prayed that the applicants be enlarged on regular bail. 4. Per contra, learned State counsel opposes the bail application and submits that considering the nature and gravity of the allegations, the quantity of contraband seized and the material collected during the investigation, no case for grant of bail is made out. It is, therefore, prayed that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the fact that the alleged quantity of contraband seized is 13.156 kilograms of ganja, which is below the commercial quantity, the applicants have no criminal antecedents, they are in judicial custody since 12.03.2026, and the trial is likely to take considerable time to conclude, this Court is of the considered opinion that the applicants have made out a case for grant of regular bail. 7. Accordingly, the bail application is allowed. Let the applicants, namely Rajendra Prasad @ Rajan and Hemlata Kevart, involved in Crime No.114/2026 registered at Police Station Gudhiyari, District Raipur (Chhattisgarh), for the offences punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the NDPS Act"), be released on bail on their furnishing personal bonds with two local sureties each in the like sum to the satisfaction of the Court concerned, subject to the following conditions:- 4 (i) The applicants shall file an undertaking to the effect that 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse 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 proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) 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 applicants 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. 5 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Ruchi