1 CGHC010252462026 2026:CGHC:34594 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6020 of 2026 Sonu Kesari S/o Jitendra Kesari, Aged About 30 Years R/o Village Karhan, Police Station Mohammdabad, Distt. Mau, (U. P.) ... Applicant versus State Of Chhattisgarh Through Officer In Charge, Police Station Komakhan, District Mahasamund, (C.G.) ...Non-applicant For Applicant : Mr. Divyansh Shukla, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 06.08.2026 1. This is the first bail application filed 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. 53/2026 registered at Police Station - Komakhan, District Mahasamund (C.G.), for the offences punishable under Section 20(b) (ii)(B) of the NDPS Act. 2. The prosecution case, in brief, is that, on 21.04.2026, the police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.06 17:59:11 +0530 2 received a secret information from the informer that illegal contraband (Ganja) was being transported from Odisha towards Chhattisgarh by motorcycle bearing registration number OD 18 E 1525 Based upon this information police reached the place of incident and after sometime a Motorcycle was seen coming from Odisa side. Which was stopped and on asking the name and address of the driver he told his name as Sonu Kesari. It is further alleged that he has taking Ganja from Odisa and the Ganja was kept in the back of Motorcycle. On searching, in white coloured plastic bag weighing a total of 15.380 kg worth Rs. 7,69,000/- were found on the rear seat of the bike. This was recovered from the accused and he was duly arrested 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any offence as alleged by the prosecution. It is further submitted that the alleged contraband was not recovered from the conscious or exclusive possession of the applicant and that the applicant was neither the owner nor occupant of the vehicle from which the alleged contraband was seized. Learned counsel further submits that the alleged contraband does not belong to the applicant and that his implication is based solely on the memorandum statements and assumptions of the police authorities, without any independent corroboration. It is contended that the mandatory provisions of the NDPS Act are required to be strictly complied with and the prosecution has failed to establish any conscious possession or direct involvement of the applicant in the alleged offence. The applicant has no criminal antecedents and has been in custody since 21.04.2026; therefore, his continued incarceration would amount to 3 pre-trial punishment, particularly when the trial is likely to take considerable time for its conclusion. It is further submitted that the applicant is about 25 years of age and prolonged incarceration may adversely affect his future. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready to furnish adequate security and abide by all the conditions that may be imposed by this Hon’ble Court. Therefore, learned counsel prays that the applicant may kindly be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has two previous criminal antecedent, therefore, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, the fact that the alleged contraband is of less than commercial quantity, the period of detention, as the applicant has remained in judicial custody since 21.04.2026, and the fact that the charge-sheet has already been filed before the competent Court and the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the applicant. 7. Let the Applicant – Sonu Kesari, involved in Crime No. 53/2026 registered at Police Station - Komakhan, District Mahasamund (C.G.), for the offences punishable under Section 20(b)(ii)(B) of the NDPS 4 Act, be released on bail on his furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his 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 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 applicant 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 him 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. Sd/- (Ramesh Sinha) Chief Justice Vaibhav