1 CGHC010277082026 2026:CGHC:38397 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6784 of 2026 1 - Shama Khan S/o Mo. Anwar Khan Aged About 40 Years R/o Near State Bank Suzuki Showroom, P.S. Koh-E-Fiza, District- Bhopal (M.P.) (As Per Challan) ... Applicant versus 1 - State Of Chhattisgarh Through Police Station- Tikrapara, District- Raipur (Cg) ... Non-applicant For Applicant : Ms. Madhunisha Singh, Advocate. For State/Non-applicant : Shri Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 173/2026, registered at Police Station – Tikrapara, District – Raipur (C.G.) for the NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.08.31 17:36:00 +0530 2 offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short ‘the NDPS Act’). 2. As per the prosecution story, in brief, on 27.02.2026, the police received information from an informer that near Bhatagaon Bus Stand, in the vicinity of Sulabh Complex, a woman accompanied by a child and a person carrying narcotic substance, namely Ganja, in a sky-blue coloured backpack (Pittu bag), were present and were allegedly searching for a prospective customer for its sale. Acting upon the said information, the police party reached the spot and, after following the prescribed procedure under the NDPS Act, conducted a raid. During the search, 04 kg of Ganja, kept in one packet wrapped with khaki- coloured tape and concealed in a sky-blue coloured Pittu bag, was allegedly seized from the joint possession of the applicant/accused Shama Khan and co-accused Shoaib Khan. Accordingly, an FIR has been registered against the present applicant and the other co- accused persons for the commission of the alleged offences. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is also submitted that 4 kg of ganja has been seized from the possession of the applicant which is less than the commercial quantity. It is further submitted that there is no criminal antecedent and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application of the present applicant. It is submitted that a total of 4 kg of 3 ganja has been recovered from the possession of the applicant and co- accused, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of contraband article seized from the possession of the applicant, i.e. a total of 4 kg of ganja, which is less than the commercial quantity. Also considering the fact that there is no criminal antecedent and the applicant is in jail since 27.02.2026 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant, Shama Khan involved in Crime No. 173/2026, registered at Police Station – Tikrapara, District – Raipur (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short ‘the NDPS Act’) be released on bail on their 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 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SdSd/- (Ramesh Sinha) Chief Justice Nikita