1 CGHC010327812026 2026:CGHC:38359 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7982 of 2026 1 - Sunil Kashyap S/o Anant Ram Kashyap Aged About 28 Years R/o Nanamur Pani Tanki Para, Police Station, Nanamur, District Bastar Chhattisgarh 2 - Sagar Kashyap S/o Meghnath Kashyap Aged About 22 Years R/o Village Naiguda School Para, Police Station Nanamur, District Bastar Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Bodhgath, District Bastar Chhattisgarh ... Non-applicant(s) For Applicants : Mr. Manish Nigam, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.08.2026 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 applicants who have been arrested in connection with Crime No. 223/2026 registered at Police Station Bodhghat District - Bastar (C.G.) for the offence under Section 20(b)(ii)(B) of the Narcotic KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, on the basis of secret information, the police of Police Station Bodhghat searched the applicants and allegedly recovered three packets containing Ganja, out of which one packet was found inside a black-coloured backpack and two packets wrapped with brown cellotape were found inside a maroon- coloured backpack, all allegedly in the joint possession of the applicants. The total quantity of Ganja allegedly seized was 15.110 kg, which is more than the small quantity prescribed under the NDPS Act. Accordingly, Crime No. 223/2026 was registered at Police Station Bodhghat against the applicants under the relevant provisions of the NDPS Act. 3. Learned counsel for the applicants submit that the applicants have been falsely implicated in this case and there is no direct evidence against the present applicants. He further submits that 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 joint possession of the present applicants, 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 joint possession of the applicants 15.110 kgs of Ganja has been seized. He later submits that the applicants have no criminal antecedents and they are in jail since 12.06.2026 and the conclusion of the trial is likely to take quite long 3 time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicants have no criminal antecedents and further the quantity of contraband article which have been recovered from the joint possession of the applicants, is less than commercial quantity. However, looking to the seriousness of this case, the present applicants are 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 charge-sheet has been filed in the present case before the competent Court and the applicants have no criminal antecedents and further the quantity of contraband article seized from the joint possession of the applicants, is less than commercial quantity and the applicants are in jail since 12.06.2026 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicants – Sunil Kashyap and Sagar Kashyap, involved in Crime No. 223/2026 registered at Police Station Bodhghat District - Bastar (C.G.) for the offence under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be 4 released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 5 opinion of the trial court absence of the applicants 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 them in accordance with law. 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 Kunal