1 CGHC010212752026 2026:CGHC:34603 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5091 of 2026 Somet Sonkar S/o Krishn Kumar Sonkar Aged About 20 Years R/o Bharatpur, Thana Badi Umti, Jabalpur, District- Jabalpur, Madhya Pradesh. --- Applicant versus State Of Chhattisgarh Through Police Station Tumgaon District- Mahasamund Chhattisgarh. --- Non-Applicant MCRC No. 6060 of 2026 Sakil Khan S/o Mohd. Vakil Khan, Aged About 23 Years R/o Mongrapali Khariyar Road, P.S. Jonk, Tehsil and District- Nuapada (Orrisa) ---Applicant Versus State Of Chhattisgarh Through Police Station Tumgaon, District- Mahasamund (C.G.) --- Non-Applicant For Applicant (MCRC No. 5091/2026) : Mr. Shobhit Koshta, Advocate. For Applicant (MCRC No. 6060/2026) : Mr. Shubhank Tiwari, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.08.2026 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.08.07 15:50:33 +0530 2 2. These are the first bail applications filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 33/2026 registered at Police Station - Tumgaon, District- Mahasamund, Chhattisgarh., for the offence punishable under Sections 20(b)(ii)(C) of Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution story, in brief, acting on information received from an informant that five persons travelling on two scooters and one motorcycle were transporting contraband ganja from Odisha towards Raipur, the police erected a barricade on National Highway No. 53 near Amavash Road. Thereafter, the police intercepted Scooter No. OD-26- G-6338, on which co-accused Deva Mandal and Imran Khan were travelling; Scooter No. OD-26-H-7728, on which co-accused Sakil Khan and Subham Gotiya were travelling; and a motorcycle without a registration number, which was being ridden by the present applicant. Upon search, 9.100 kg of contraband ganja was recovered from Scooter No. OD-26-G-6338, 7.100 kg of contraband ganja was recovered from Scooter No. OD-26-H-7728, and 4.800 kg of contraband ganja was recovered from the possession of the present applicant. Thus, a total of 21.000 kg of contraband ganja was seized from the present applicant and the co-accused persons. Accordingly, an offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, has been registered against the present applicant. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. He further submits that the charge-sheet has already been filed and the applicants have been in judicial custody since 31.01.2026. He also submits that 4.800 kg of contraband ganja was allegedly seized from the exclusive possession of 3 the present applicant, namely, Somet Sonkar. Further, 7.100 kg of contraband ganja was allegedly recovered from TVS Jupiter bearing Registration No. OD-26-H-7728, on which the present applicant, Sakil Khan, along with co-accused Shubham Gotia, was travelling. He submits that the quantity allegedly recovered from the possession of each applicant is less than the commercial quantity. Further, the applicant, namely, Somet Sonkar, has one previous criminal antecedent, whereas the applicant, Sakil Khan, has no previous criminal antecedents Accordingly, it is prayed that the applicants be released on regular bail. 5. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed. He further submits that from the joint possession of the applicants/accused along with the other co-accused persons, 9.100 kg of contraband ganja kept in a white sack in the dickey of Jupiter Scooter bearing Registration No. OD-26-G-6338, 7.100 kg of contraband ganja kept in a white sack on the footboard of Jupiter Scooter bearing Registration No. OD-26-H-7728, and 4.800 kg of contraband ganja kept in an orange-coloured bag placed on the fuel tank of the applicant's motorcycle without a registration number were seized. Thus, a total of 21.00 kg of contraband ganja, valued at Rs.10,50,000/-, was seized, which is much above the commercial quantity. Further, the applicant, namely, Somet Sonkar, has one previous criminal antecedent, whereas the applicant, Sakil Khan, has no previous criminal antecedents. Therefore, they are not entitled to the grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 4 7. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicants, and the fact that a total of 21.00 kg of contraband ganja was allegedly seized from the joint possession of the present applicants and the other co-accused persons, which is much above the commercial quantity prescribed under the NDPS Act, and further considering that the applicants have failed to furnish any satisfactory explanation regarding such possession, it cannot, at this stage, be said that they have been falsely implicated in the present case, further, the applicant, namely, Somet Sonkar, has one previous criminal antecedent, whereas the applicant, Sakil Khan, has no previous criminal antecedents, this Court is of the view that, at this stage, it is not inclined to grant bail to the applicants. 8. Accordingly, the bail applications are rejected. Let applicants – Somet Sonkar (MCRC No. 5091/2026) and Sakil Khan (MCRC No. 6060 of 2026) involved in Crime No. 33/2026 registered at Police Station - Tumgaon, District- Mahasamund, Chhattisgarh., for the offence punishable under Sections 20(b)(ii)(C) of Bharatiya Nyaya Sanhita, 2023, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 Preeti