1 CGHC010326792026 2026:CGHC:38139 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7921 of 2026 1 - Kamlesh Yadav S/o Shivkumar Yadav Aged About 30 Years R/o Village- Chaati, Ward No. 02, Bhathapara, Police Station- Kurud, District- Dhamtari, Chhattisgarh. (Particulars Of The Applicant Is Mentioned Correctly) ... Applicant versus 1 - State Of Chhattisgarh Through- Police Station- Rajim, District- Gariyabandh (C.G.) ...Non-applicant For Applicant : Shri Anmol Sharma, Advocate. For State/Non-applicant : Shri Soumya Rai, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.08.2026 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. 150/2026 registered at Police Station – Rajim, District Gariyabandh NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.08.25 19:16:02 +0530 2 (C.G.) for the offence under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution, in brief, is that on 31.05.2026, Police Station Rajim, District Gariyaband, received a secret information that a person travelling in a white Swift Dzire bearing registration No. OD- 26/F-3603 was carrying illegal Ganja from Kaundkera towards Rajim. After complying with the mandatory provisions of the NDPS Act, the police intercepted and searched the vehicle. During the search, 14 packets of Ganja weighing 13.545 kg were allegedly recovered from the trunk of the vehicle. The vehicle was jointly owned by the applicant/accused Kamlesh Yadav and co-accused Benjamin Singh and Deepak Rao. Thereafter, a case was registered under Section 20(b) of the NDPS Act, and after completion of investigation, the charge-sheet was filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the commission of the offence. He further submits that the contraband article i.e. 13.545 kgs of Ganja was not seized from the joint possession of the present applicant and co- accused persons. He submits further that the co-accused has already been enlarged on bail by this Hon'ble Court vide order dated 18.08.2026 passed in M.Cr.C. No. 7640 of 2026. He also submits that the charge- sheet has been submitted before the competent Court, and he is in jail since 31.05.2026 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application 3 of the present applicant and submits that the charge- sheet has been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. He further submits that from the joint possession of the present applicant along with co-accused persons total 13.545 kgs of Ganja was seized. He also submits that the applicant has eleven previous criminal antecedent under the IPC. 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. Taking into consideration the facts and circumstances of the case that the said contraband Ganja which was recovered form the joint possession of the present applicant and co-accused persons is less than commercial quantity, the fact that the co-accused person, namely, Deepak Rao has already been enlarged on bail by this Court vide order dated 18.08.2026 in M.Cr.C. No. 7640 of 2026 and also considering the fact that in the present bail application the charge-sheet has been filed before the competent Court, and he is in jail since 31.05.2026 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Kamlesh Yadav involved in Crime No. 150/2026 registered at Police Station – Rajim, District Gariyabandh (C.G.) for the offence punishable under Section 20(B) of 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:- 4 (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 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. 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 Nikita