1 CGHC010271772026 2026:CGHC:37198 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6507 of 2026 Monty Jain S/o Ashok Kumar Jain Aged About 25 Years R/o Dubey Colony Ashok Nagar Ward No. 3, District Ashok Nagar, Madhya Pradesh --- Applicant versus State Of Chhattisgarh Through Officer-In-Charge Of Police Station - Devbhog, District : Gariyabandh, Chhattisgarh --- Non-Applicant MCRC No. 6976 of 2026 Rajesh @ Bittu Kushwaha S/o Narendra Singh Kushwaha Aged About 27 Years R/o Shankarpur, Police Station And District Ashok Nagar, Madhya Pradesh ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station- Devbhog, District Gariyaband (C.G.) --- Non-Applicant For Applicant in MCRC No.6507/26 : Shri Rishabh Agrawal, Advocate. For Applicant in MCRC No.6976/26 : Shri Hemant Kesharwani, Advocate. For Non-Applicant : Miss Ritika Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19/08/2026 1. Since the aforesaid bail applications arise out of same crime KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.20 18:19:59 +0530 2 number, they are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.136/2026 registered at Police Station Devbhog, District Gariyaband (C.G.) for the offence under Section 20 (b) of the NDPS Act. 3. The prosecution case, in brief, is that on receiving secret information, the concerned police stopped Maruti Desire Car bearing registration No.MP-07-CD-8831 and recovered 12 KG Ganja from three persons traveling in the car. When the police asked about the document pertaining to transporting of aforesaid Ganja, the accused persons failed to produced any document. Thereafter the police has seized 12 KG Ganja from joint possession of the accused persons. Thereafter the FIR was registered against the applicants. Hence the bail applications. 4. It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the crime. The alleged contraband or incriminating material has not been recovered or seized from conscious possession of the applicants. Investigation has already been completed and charge sheet has also been filed before the competent Court. Learned counsel further submit that as against applicant – Monty Jain, 7 cases have been registered, out of which 6 cases have already 3 been disposed of and one case under the IPC is pending, which is evident from the documents annexed with the bail application. As against applicant – Rajesh @ Bittu Kushwaha, one case under the IPC was registered in which he has already been acquitted. The applicants are in jail since 28.4.2026. Therefore, the applicants may be released on bail. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail applications and submit that as against applicant – Monty Jain, 7 cases have been registered, out of which 6 cases have already been disposed of and one case under the IPC is pending, whereas as against applicant – Rajesh @ Bittu Kushwaha, one case under the IPC was registered in which he has already been acquitted, and the charge sheet has been submitted against the applicants. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicants and that as against applicant – Monty Jain, 7 cases have been registered, out of which 6 cases have already been disposed of and one case under the IPC is pending, which is evident from the documents annexed with the bail application and as against applicant – Rajesh @ Bittu Kushwaha, one case under the IPC was registered in which he has already been 4 acquitted, they are in jail since 28.4.2026, also considering the quantity of contraband seized from joint possession of the applicants, which appears to be less than commercial quantity and conclusion of trial is likely to take some time, this Court is of the view that the applicants are entitled to be released on bail in the present case. Accordingly, the Applications are allowed. 8. Let the Applicant – Monty Jain & Rajesh @ Bittu Kushwaha, involved in Crime No.136/2026 registered at Police Station Devbhog, District Gariyaband (C.G.) for the offence under Section 20 (b) of the NDPS Act, be released on bail on each of them furnishing personal bond with two local sureties in the like sum 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 Bharatiya Nyaya 5 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 him, 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 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 for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Barve