1 CGHC010310892026 2026:CGHC:35990 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7464 of 2026 Komal Choudhary W/o Chait Ram Choudhary Aged About 29 Years R/o Village Datiya, Police Station Haiway District- Mathura (Uttar Pradesh) ... Applicant versus State of Chhattisgarh Through Police Station Borai, District- Dhamtari (C.G.) ... Non-applicant For Applicant : Mr. Mahant Kumar Jayswal, Advocate For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.08.2026 1. This is the 4rst bail application 4led 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. 05/2026 registered at Police Station - Borai, District- Dhamtari (C.G.) for the o;ence under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution case, in brief, is that on 04.02.2026, at about 1:00 A.M., the police personnel of Police Station Borai, District Dhamtari, intercepted a bus bearing registration No. CG-07-E-4433, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 belonging to Naresh Travels, at Barrier Naka situated in front of Police Station Borai. During the search of the said bus, the applicant/accused Komal Chaudhary and co-accused Rekha Rani were found travelling therein and, upon conducting a search of their respective belongings, the police allegedly recovered contraband suspected to be Ganja (Cannabis). From the possession of the applicant, four packets wrapped in brown plastic tape were allegedly recovered from a trolley bag, containing Ganja weighing 18 kilograms and 970 grams, for which a seizure memo was prepared and 4led as Annexure A/3. Similarly, from the possession of co-accused Rekha Rani, four packets wrapped in brown plastic tape were allegedly recovered from her trolley bag, containing Ganja weighing 16 kilograms and 813 grams, for which a separate seizure memo was prepared and 4led as Annexure A/4. Thus, the total quantity of Ganja allegedly recovered from the possession of both accused persons comes to 35 kilograms and 783 grams, which falls within the commercial quantity prescribed under the NDPS Act. On the basis of the aforesaid recovery, the prosecution alleges that the applicant and co-accused were jointly transporting the said contraband for an illicit purpose, and accordingly, Police Station Borai registered FIR/Crime No.05/2026 against the applicant and co-accused for the o;ences punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and 3 that she has not committed any o;ence as alleged by the prosecution. It is submitted that the applicant is a woman aged about 29 years and has been in judicial custody since 04.02.2026, i.e. for more than six months, whereas the o;ences alleged against her are not punishable with death or imprisonment for life. Despite the applicant having remained in custody for such a considerable period, not a single prosecution witness has yet been examined before the learned Trial Court, and out of the total 14 prosecution witnesses, none has been examined till date, therefore, the trial is likely to take considerable time and continued incarceration of the applicant would amount to pre-trial punishment, contrary to the settled principles of criminal jurisprudence and the applicant’s fundamental right to a speedy trial under Article 21 of the Constitution. It is further submitted that the seizure attributed to the present applicant is an individual seizure of 18.970 kilograms of Ganja from her possession, whereas a separate and distinct seizure of 16.813 kilograms of Ganja was allegedly made from the possession of co-accused namely Rekha Rani, thus, the quantities allegedly recovered from the two accused persons cannot be clubbed together for determining the nature of the quantity attributable to the present applicant. The quantity of 18.970 kilograms allegedly seized from the present applicant is below the prescribed commercial quantity. It is further submitted that the co- accused Rekha Rani, from whose individual possession 16.813 kilograms of Ganja was allegedly recovered, has already been granted bail by this Hon’ble Court in MCRC No.7283/2026 vide 4 order dated 10.08.2026. It is submitted that there is no material on record in the form of any scienti4c, circumstantial or electronic evidence, including Call Detail Records or call recordings, connecting the present applicant with any wider criminal network or commercial traGcking of contraband. The applicant has no criminal antecedents whatsoever and has a clean track record, is a young woman having deep roots in society and is responsible for looking after her family, and there is no likelihood of her absconding or tampering with the prosecution evidence if released on bail. It is further submitted that the prosecution case, particularly with regard to the alleged manner of transportation and the inference of commercial traGcking, raises serious triable issues which can appropriately be examined during the course of trial. Therefore, he prays for grant of regular bail to the applicant on the ground of parity. 4. On the other hand, learned Panel Lawyer opposes the bail application of the present applicant and submit that the charge- sheet has been 4led in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. She further submits that the allegations against the applicant are serious in nature and that on 04.02.2026, the applicant along with co-accused Rekha Rani was intercepted while travelling in a bus, from which a total of 35.783 kilograms of Ganja was recovered, consisting of 18.970 kilograms allegedly recovered from the possession of the present applicant and 16.813 kilograms from the possession of co-accused Rekha Rani, and the 5 contraband was being transported jointly by both accused persons. It is further submitted that the total quantity recovered from the accused persons falls within the commercial quantity under the NDPS Act and the allegations attract the rigours of Section 37 of the NDPS Act. She submits that the manner of transportation and the substantial quantity of contraband recovered prima facie indicate the involvement of the applicant in illegal transportation of Ganja, and therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the material available on record and the nature of allegations, and further the fact that the alleged recovery attributed to the present applicant is an individual seizure of 18.970 kilograms of Ganja, whereas a separate and distinct seizure of 16.813 kilograms has been attributed to co-accused Rekha Rani; therefore, at this stage, the quantities allegedly recovered from the respective possession of the two accused persons cannot be mechanically clubbed for determining the quantity attributable to the present applicant. Further, co-accused Rekha Rani, from whose individual possession 16.813 kilograms of Ganja was allegedly recovered, has already been granted bail by this Court in MCRC No.7283/2026 vide order dated 10.08.2026, and the case of the present applicant deserves 6 consideration on the ground of parity. It is further taken into consideration that, despite the applicant having remained in custody for more than six months, none of the 14 prosecution witnesses has yet been examined before the learned Trial Court and the trial is, therefore, likely to take considerable time. It is also noteworthy that the applicant is a woman aged about 29 years and she is in jail since 04.02.2026, has no previous criminal antecedents and the charge-sheet has already been 4led before the competent Court. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Komal Choudhary, involved in Crime No. 05/2026 registered at Police Station - Borai, District- Dhamtari (C.G.) for the o;ence under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 4le an undertaking to the e;ect that she shall not seek any adjournment on the dates 4xed 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 4xed, either personally or 7 through her counsel. In case of her absence, without suGcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date 4xed 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 4xed 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 suGcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. OGce is directed to send a certi4ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan