1 CGHC010252732026 2026:CGHC:34252 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5991 of 2026 Santosh Devba Ghodke S/o Devba Ghodke Aged About 33 Years R/o Pipalner Jambhul Buldhana, P.S. Lonar Maharashtra ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Telibandha, District Raipur Chhattisgarh ... Non-Applicant For Applicant : Shri Rekhraj Baghel, Advocate. For Non-Applicant : Miss Palak Dwivedi, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05/08/2026 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.176/2026 registered at Police Station Telibandha, District Raipur (C.G.) for the offence under Section 20(B) of the NDPS Act. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.06 16:40:09 +0530 2 2. The prosecution case, in brief, is that the concerned police station received secret information through the informant that on 14.04.2026, unknown persons have kept contraband ganja illegally for sale at Krishi College Premises Shyam Mandir Road, near Jora and the police has seized 7.518 kg. contraband ganja from place of incident at open place. Thereafter the FIR was registered against the applicant. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. No exclusive possession of the seizure has been proved by the prosecution. The prosecution has not complied with the mandatory provisions of N.D.P.S. Act and the concerned police station did not make proper investigation before lodging FIR against the applicant and the applicant has falsely been implicated. The applicant has not committed alleged offence. The contraband ganja has not been seized from possession of the applicant. The applicant is in jail since 14.4.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge sheet has been submitted against the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicant, on 7.7.2026, learned State Counsel was directed to call for the criminal antecedents of the applicant from the State of Maharashtra and 4 weeks’ time was allowed for the said purpose, however, the said information has not been furnished by the State Counsel and that the applicant is in jail since 14.4.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Santosh Devba Ghodke, involved in Crime No.176/2026 registered at Police Station Telibandha, District Raipur (C.G.) for the offence under Section 20(B) of the NDPS Act, be released on bail on 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed 4 against them 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 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. 8. 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