1 CGHC010256542026 2026:CGHC:37888 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6083 of 2026 Suresh Meghwal S/o Budhram Meghwal, Aged About 20 Years R/o Village Khari Khurd P. S. Kadvad, Tehsil Baori District Jodhpur (Rajasthan) ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Nagarnar District Bastar (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Pravin Kumar Tulsyan, Advocate. For Non-applicant(s) : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/08/2026 1. This is the First bail application <led under Section 483 of the BNSS, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 74/2026 registered at Police Station – Nagarnar, District- Bastar (C.G.), for the o>ence punishable under Section 20(b) of NDPS Act. 2. As per the prosecution story in brief, on 14.05.2026, the police of Police Station Nagarnar, District Bastar (C.G.), acting upon con<dential information, conducted a search and allegedly recovered contraband Ganja weighing 12.310 kg from the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 possession of the applicant. Consequently, an FIR was registered under Section 20(b) of the NDPS Act and after completion of due investigation, charge-sheet has been <led before the competent Court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicant less than commercial quantity of the psychotropic substance ganja has been seized and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the applicant only 12.310 kgs of contraband (Ganja) has been seized. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedent and he is in jail since 14.05.2026 and in the present case, charge-sheet has been <led before the competent Court and the 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, appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been <led in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedent from the State of Rajsathan as well as from the State of Chhattisgarh and from the possession of 3 the applicant, contraband article i.e. 12.310 kg of Ganja has been seized, which is less than commercial quantity. However, looking to the seriousness of the case, 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, nature and gravity of the o>ence levelled against the applicant and further the fact that in the present case charge-sheet has been <led before the competent Court and the applicant has no criminal antecedents and further considering that the quantity of contraband allegedly recovered from the possession of the applicant, i.e., 12.310 kg of Ganja, is less than commercial quantity, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Suresh Meghwal involved in Crime No. 74/2026 registered at Police Station – Nagarnar, District- Bastar (C.G.), for the o>ence punishable under Section 20(b) of NDPS Act, be released on bail on his furnishing a 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 <le an undertaking to the e>ect that he shall not seek any adjournment on the dates <xed 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 4 bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date <xed, either personally or through his counsel. In case of his absence, without suCcient 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 <xed 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 <xed 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 suCcient 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. 9. OCce is directed to send a certi<ed copy of this order to the trial Court for necessary information and compliance. dorthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal