1 CGHC010312642026 2026:CGHC:37156 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7704 of 2026 Mohammad Ajaj S/o Mohammad Yunush Aged About 30 Years Ward No. 39, Gandhi Nagar, Diprapara, Near Mukund Bhawan Durg Police Station, District : Durg, Chhattisgarh ... Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Supela, District : Durg, Chhattisgarh ... Respondent(s) For Applicant :Ms. Mugdha Sharma, Advocate. For Non-applicant/State :Mr. Sourabh Sahu, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.08.2026 1. This is the 1st 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. 93/2026 registered at Police Station – Supela, District- Durg (C.G.), for the offences under Sections 20 (b) SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.08.20 10:58:45 +0530 2 and 29 of NDPS Act. 2. That, as per the prosecution story, on the basis of secret information received during town patrolling, the Applicant, along with the co-accused, was found near Nehru Nagar Gym Garden Service Road, Supela, riding a motorcycle driven by the co-accused. Upon search, a khaki-coloured backpack (Pitthu Bag) containing four packets of contraband substance, i.e., Ganja, weighing a total of 4.030 kg, was seized from the possession of Applicant Mohammed Ajaj. Further, a Royal Enfield Bullet motorcycle bearing registration No. CG07-CQ- 1837 was seized from the co-accused, Faizan Qureshi. On the basis of the aforesaid recovery and circumstances, the present FIR was registered, and the Applicant was taken into custody. Upon completion of the investigation, the Police filed the charge-sheet before the learned Court below. A copy of the relevant pages of the charge-sheet along with the FIR is annexed herewith and marked as ANNEXURE A/2. Based on the aforesaid allegations, the police registered the offences, as mentioned above, against the present Applicant. Hence, the present application. 3. Learned counsel appearing for the Applicant submits that the Applicant has been falsely implicated in the present case and that the alleged contraband has been seized from his 3 possession without there being any independent or reliable evidence connecting him with the alleged offence. It is further submitted that the Applicant has been in custody since 18.01.2026 and the investigation is substantially complete. The alleged contraband has already been seized and there is no possibility of the Applicant tampering with the prosecution evidence or influencing the witnesses. Learned counsel further submits that the Applicant has no likelihood of absconding and is ready and willing to cooperate with the trial. It is also submitted that the trial is likely to take considerable time and continued incarceration of the Applicant would serve no useful purpose. He further submits that the applicant is in jail since 18.01.2026, therefore, he may be released on bail. 4. On the other hand, learned Counsel for the State opposes the bail application and submits that charge-sheet has been filed before the competent Court. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions advanced by learned counsel for the parties, the nature of the allegations, the period of pre- trial detention, the quantity of the seized contraband, i.e., 4.030 kg, and the likelihood of the trial taking considerable 4 time to conclude, and without expressing any opinion on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the application is allowed. 7. Let Applicant- Mohammad Ajaj involved in Crime No. 93/2026 registered at Police Station – Supela, District- Durg (C.G.), for the offences under Sections 20 (b) and 29 of NDPS Act be released on bail on his furnishing a personal bond with two 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 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 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 5 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 Saurabh