1 CGHC010228592026 2026:CGHC:34612 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5534 of 2026 1 - Kailash Kushwaha S/o Late Bhagwan Singh Aged About 40 Years R/o Chola Road Dharam Kata Purana Bhopal, P.S. Chhola Mandir District Bhopal (M.P.) (As Per Challan) 2 - Pooja Patel W/o Late Shankar Patel Aged About 30 Years R/o Mahamai Ka Bagh Hujur Sikandari Sare Purana Bhopal P.S. Ashoka Garden District Bhopal (M.P.) (As Per Challan) ... Applicant(s) versus 1 - State of Chhattisgarh Through Police Station - Ganj, District : Raipur, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Ashish Gangwani, Advocate For Respondent(s)/State : Mr. S.S. Baghel, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/08/2026 RUCHI YADAV Digitally signed by RUCHI YADAV 2 1. The present 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 applicants, who are in judicial custody in connection with Crime No. 80/2026 registered at Police Station Ganj, District Raipur (Chhattisgarh), for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution, in brief, is that on 19.03.2026, upon receiving secret information, the police of Police Station Ganj conducted a search and allegedly recovered 5.260 kilograms of ganja from the joint possession of the applicants. Thereafter, Crime No. 80/2026 was registered against them, the applicants were arrested, and after completion of the investigation, the charge-sheet was filed. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is contended that the alleged recovery of 5.260 kilograms of ganja is below the commercial quantity and, therefore, the rigours of Section 37 of the NDPS Act are not attracted. Learned counsel further submits that the applicants have no criminal antecedents, they are in judicial custody since 19.03.2026, the charge-sheet has already been filed, and the trial is likely to take considerable time to conclude. It is, therefore, prayed that the applicants be enlarged on regular bail. 4. Per contra, learned State counsel opposes the bail application and submits that although the charge-sheet has already been filed, the information regarding the criminal antecedents of the applicant could not be furnished. It is further submitted that, considering the nature and 3 gravity of the allegations, the quantity of contraband seized and the material collected during the investigation, no case for grant of bail is made out. It is, therefore, prayed that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Despite sufficient opportunity having been granted to the learned State counsel to ascertain the applicant's criminal antecedents from the State of Madhya Pradesh, no such information has been furnished before this Court. 7. Considering the facts and circumstances of the case, particularly the fact that the alleged recovery of 5.260 kilograms of ganja is below the commercial quantity, the applicants are in judicial custody since 19.03.2026, the charge-sheet has already been filed, the applicants have no criminal antecedents, the trial is likely to take considerable time to conclude, this Court is inclined to release the applicants on regular bail. 8. Accordingly, the bail application is allowed. Let the applicants, namely Kailash Kushwaha and Pooja Patel, involved in Crime No. 80/2026 registered at Police Station Ganj, District Raipur (Chhattisgarh), for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on their furnishing personal bonds with two local sureties each in the like sum to the satisfaction of the Court concerned, subject to the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates 4 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 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 them in accordance with law. 5 9. 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. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Ruchi