1 CGHC010306662026 2026:CGHC:36597 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7617 of 2026 1 - Samelal Jaiswal S/o Aghanuram Jaiswal Aged About 31 Years R/o Village Madmada Bodala, Thana Pandatarai, District Kawardha (Kabirdham) Chhattisgarh ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Komakhan, District Mahasamund Chhattisgarh. ... Respondent(s) For Applicant(s) : Ms. Anjali Pradhan, Advocate For Respondent(s)/State : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.08.2026 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 is in judicial custody in connection with Crime No. 28/2026 registered at Police Station RUCHI YADAV Digitally signed by RUCHI YADAV 2 Komakhan, District Mahasamund (Chhattisgarh), for the offences punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, in brief, on 21.02.2026, ASI Nagendra Dubey, Police Station Komakhan, received secret information from an informant that two persons were proceeding towards Suvarmal from Village Goynabahara on two motorcycles, namely, a grey-coloured TVS Radeon motorcycle without a registration number and a white-coloured TVS Jupiter bearing registration No. CG-04-NT-8981, coming from Odisha towards Chhattisgarh, and were carrying illicit narcotic substance, i.e., Ganja. Acting upon the said information, the police intercepted the said vehicles. Upon search, 03 kg of Ganja was allegedly seized from the possession of the driver of the motorcycle without a registration number, namely, Ravindra Kumar Baghel, and 10 kg of Ganja was seized from the possession of the driver of motorcycle bearing registration No. CG-04-NT-8981, namely, Samelal Jaiswal. Thus, a total quantity of 13 kg of Ganja was allegedly seized from both the accused persons, who were thereafter arrested. After completion of the investigation, the police filed the charge-sheet against the accused persons for the offences punishable under Sections 20(b) and 29 of the NDPS Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that a total quantity of 13 kg of Ganja was allegedly seized from the applicant and the co-accused, out of which 10 kg was allegedly recovered from the present applicant and 03 kg from the co- 3 accused. Learned counsel further submits that the quantity allegedly seized from the present applicant is below the commercial quantity prescribed under the NDPS Act. It is also submitted that the co- accused has already been granted bail by this Court vide order dated 31.07.2026 passed in MCRC No. 4773 of 2026 and, therefore, the applicant is entitled to the benefit of parity. Learned counsel further submits that the charge-sheet has already been filed, the applicant has been in judicial custody since 21.02.2026, he has no criminal antecedent and the trial is likely to take considerable time to conclude. Accordingly, learned counsel prays that the applicant be enlarged on regular bail. 4. Learned State counsel opposes the bail application and prays for its rejection. However, learned State counsel fairly submits that the charge-sheet has already been filed and that the co-accused has been granted bail by this Court vide order dated 31.07.2026 passed in MCRC No. 4773 of 2026. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, particularly the fact that 10 kg of Ganja is alleged to have been recovered from the possession of the present applicant, which is below the commercial quantity prescribed under the NDPS Act, the fact that the charge-sheet has already been filed, the applicant has been in judicial custody since 21.02.2026, he has no criminal antecedent and the co-accused has already been granted bail by this Court vide order dated 31.07.2026 passed in MCRC No. 4773 of 2026, the applicant is entitled to the 4 benefit of parity. The trial is likely to take considerable time to conclude. Without commenting on the merits of the case, this Court is of the considered view that the applicant deserves to be enlarged on regular bail. 7. Accordingly, the bail application is allowed. Let the Applicant – Samelal Jaiswal involved in Crime No. 28/2026 registered at Police Station Komakhan, District Mahasamund (Chhattisgarh), for the offences punishable 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 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him 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 5 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 applicant 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 him in accordance with law. 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