1 CGHC010322292026 2026:CGHC:37146 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7682 of 2026 Satyam Tiwari S/o Mithlesh Tiwari Aged About 25 Years R/o Ward No. 64 Ring Road No. 01, In Front Of Kali Temple, Kushalpur, P.S. Purani Basti Raipur, Tehsil And Distt. Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Komakhan, Distt. Mahasamund, Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. Shubhank Tiwari, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.08.2026 1. This is the :rst bail application :led 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. 82/2026 registered at Police Station Komakhan District - Mahasamund (C.G.) for the o>ence under Section 20(B)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution, in brief, is that upon receiving secret information regarding transportation of Ganja, the police conducted KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 a raid and intercepted a motorcycle. At the time of interception, co- accused Ayush Upadhyay was riding the motorcycle and the present applicant, namely Satyam Tiwari, was sitting as a pillion rider. Upon checking the said motorcycle, 10 kg and 140 grams of Ganja was allegedly recovered. During the course of investigation, on the basis of the memorandum statement, co-accused Baikunth Soni was also implicated in the case on the allegation that he had sold the contraband to the present applicant and co-accused Ayush Upadhyay. Consequently, Crime No. 82/2026 was registered at Police Station Komakhan, District- Mahasamund (C.G.) and the matter was taken up for investigation. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and there is no direct evidence against the present 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 joint possession of the present applicant along with co-accused, 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 joint possession of the applicant along with co-accused 10 Kg. 140 grams of Ganja has been seized. He later submits that the applicant has no criminal antecedent and he is in jail since 29.05.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail 3 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 :led in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedent and further the quantity of contraband article which has been recovered from the joint possession of the applicant along with co-accused, is less than commercial quantity. However, looking to the seriousness of this case, 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 that the charge-sheet has been :led in the present case before the competent Court and the applicant has no criminal antecedent and further the quantity of contraband article seized from the joint possession of the applicant along with co-accused, is less than commercial quantity and the applicant is in jail since 29.05.2026 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant – Satyam Tiwari, involved in Crime No. 82/2026 registered at Police Station Komakhan District - Mahasamund (C.G.) for the o>ence under Section 20(B)(ii)(B) of the Narcotic 4 Drugs and Psychotropic Substances Act, 1985., be released on bail on 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 :le an undertaking to the e>ect that he shall not seek any adjournment on the dates :xed 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 :xed, either personally or through his counsel. In case of his absence, without suEcient 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 :xed 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 :xed 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 suEcient 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. OEce is directed to send a certi:ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal