1 CGHC010240522026 2026:CGHC:34597 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5894 of 2026 Shyam Sundar Bisai S/o Late Trinath Bisai Aged About 45 Years R/o Village Telidhargudi, Police Station and Tehsil Kotpaad, District- Korapur, Odisha --- Applicant versus The State of Chhattisgarh Through The Station House Officer, Police Station Bodghat, District- Bastar, Chhattisgarh --- Non-Applicant MCRC No. 6022 of 2026 Ganpati Mali S/o Ramchandra Mali Aged About 40 Years Murtahandi (Sanguda) Tah. Kotpad Distt. Koraput Odisha ---Applicant Versus State Of Chhattisgarh Through P. S. - Bodhghat Distt. Bastar C.G. , --- Non-Applicant For Applicant (MCRC No. 5894/2026) : Mr. Punit Ruparel, Advocate. For Applicant (MCRC No. 6022/2026) : Mr. Vikash A. Shrivastava, Advocate. For Non-Applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06.08.2026 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the First bail applications filed under Section 483 of the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.08.07 15:50:33 +0530 2 Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 119/2026 registered at Police Station – Bodhghat, District - Bastar (C.G.) for the offence punishable under Section 20(b)(ii)(b) of Narcotic Drugs and Psychotropic Substance Act, 1985. 3. The case of the prosecution, in brief, is that on the basis of secret information, the police of Police Station Bodhghat received information that the present applicants were in joint possession of ganja. Acting upon the said information, the police conducted a raid at the specified place and recovered a blue bag containing three packets of ganja. Thereafter, the seized contraband was weighed and found to be 10.09 kilograms. Consequently, the aforesaid offence was registered against both the accused persons. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in that case. They also submits that the applicants have no previous criminal antecedents, the charge-sheet has been filed and they are in jail since 08.04.2026. Hence, they prays for grant of bail. 5. Learned State counsel opposes the bail application and submits that the charge-sheet has already been filed. He further submits that the contraband articles i.e. Ganja seized from the joint possession of the present applicants is less than the commercial quantity. He also submits that, despite sufficient time having been granted, he has not received any information regarding the criminal antecedents of applicants from the State of Odisha. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, nature and gravity 3 of allegation made against the applicants and the fact that the contraband article which has been seized from the joint possession of the present applicants, is less than the commercial quantity, further despite sufficient time having been granted to the learned State counsel, no information has been received regarding the criminal antecedents of applicants from the State of Odisha, the charge-sheet has been filed in the present case before the competent Court and the applicants are in jail since 08.04.2026, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly the bail applications are allowed. Let the applicants – Shyam Sundar Bisai (MCRC No. 5894/2026), Ganpati Mali (MCRC No.6022/2026) involved in Crime No. 119/2026 registered at Police Station – Bodhghat, District - Bastar (C.G.) for the offence punishable under Section 20(b)(ii)(b) of Narcotic Drugs and Psychotropic Substance Act, 1985, be released on bail on their furnishing a personal bond with two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (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 BNS. (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 fails to 4 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 BNS. (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 are 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Preeti