1 CGHC010321972026 2026:CGHC:37415 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7755 of 2026 1 - Tanuja Devar W/o Late Jagir Devar Aged About 45 Years R/o Devar Basti, Kukurbeda, P. S. Sarswati, District Raipur C. G. ... Applicant(s) versus 1 - State of Chhattisgarh Through Police Station Sarswati Nagar, District Raipur C. G. ... Respondent(s) For Applicant(s) : Mr. Leekesh Kumar, Advocate For Respondent(s)/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/08/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the applicant, who has been arrested in connection with Crime No. 104/2026 registered at Police Station Saraswati Nagar, District Raipur (Chhattisgarh), for the offences punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). RUCHI YADAV Digitally signed by RUCHI YADAV 2 2. The prosecution case, in brief, is that on 24.05.2026, Police Station Saraswati Nagar, Raipur, allegedly received secret information that the applicant/accused, Tanuja Dewar, along with co-accused Chinna Yadav, was carrying ganja in a white plastic bag beneath the Kukurbeda Overbridge and was waiting for a prospective buyer. Acting upon the said information, the police party proceeded to the spot and apprehended both accused persons. Upon search, 6.200 kg of ganja was allegedly recovered and seized from their joint possession. Accordingly, Crime No. 104/2026 was registered at Police Station Saraswati Nagar, Raipur, for the offences punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and investigation was taken up. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that no contraband was recovered from her exclusive or conscious possession and that the alleged recovery of 6.200 kg of ganja is stated to have been made from the joint possession of the applicant and co- accused Chinna Yadav. Learned counsel further submits that the alleged quantity of 6.200 kg of ganja is below the notified commercial quantity of 20 kg. The investigation has already been completed and the charge-sheet has been filed; hence, the applicant is no longer required for custodial interrogation. It is also submitted that the applicant has no criminal antecedents and has been in judicial custody since 24.05.2026. Considering the prolonged incarceration and the fact that the trial is likely to take considerable time to conclude, further detention of the applicant would serve no useful purpose. On these 3 grounds, learned counsel prays that the applicant be enlarged on regular bail. 4. Per contra, learned State counsel opposes the bail application and submits that the allegations against the applicant are serious in nature and 6.200 kg of ganja was recovered from her joint possession with the co-accused. However, it is fairly submitted that the charge-sheet has already been filed and the applicant has no criminal antecedents. Considering the nature of the allegations, learned State counsel prays that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that the alleged quantity of 6.200 kg of ganja is below the notified commercial quantity, the charge-sheet has already been filed and the applicant has no criminal antecedents. The applicant has been in judicial custody since 24.05.2026 and the trial is likely to take considerable time to conclude. Without commenting upon the merits of the case, this Court is of the considered view that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. Let the applicant – Tanuja Devar, involved in Crime No. 104/2026 registered at Police Station Saraswati Nagar, District Raipur (Chhattisgarh), for the offences punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), be released on bail on her 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 4 she shall not seek any adjournment on the dates fixed for recording of evidence when the witnesses are present in Court. In case of default of this condition, it shall be open to the Trial Court to treat it as an abuse of the liberty of bail and pass appropriate orders in accordance with law. (ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the Trial Court may proceed against her under Section 269 of the Bharatiya Nyaya Sanhita. (iii) In case the applicant misuses the liberty of bail and, in order to secure her presence, a proclamation under Section 84 of the 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 her 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 her statement under Section 351 of the BNSS. If, in the opinion of the Trial Court, the absence of the applicant is deliberate or without sufficient cause, it shall be open to the Trial Court to treat such default as an abuse of the liberty of bail and proceed against her in accordance with law. 5 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. 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 Ruchi