1 CGHC010301542026 2026:CGHC:38691 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7109 of 2026 1 - Devendra Bhatt, S/o Shivprashad Bhatt Chouhan Aged About 20 Years R/o Raigarh Sonmuda Bajrangpara Police Station Jutmil District- Raigarh (C.G.) 2 - Ajay Giri Goswami S/o Sampat Giri Goswami Aged About 19 Years R/o Gerwani Police Station Punjipathara, District- Raigarh (C.G.) Applicants(s) versus 1 - State Of Chhattisgarh Through Station House Officer Police Station Sariya District- Raigarh (C.G.) Respondent(s) For Applicant (s) : Mr. Rahul Goswami, Advocate For Respondent(s) : Mr. Shailendra Sharma, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.09.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants, who have been arrested in connection with Crime No.125/2026, registered at Police Station Sariya, District Raigarh Digitally signed by R NIRALA 2 (C.G.) for the offence punishable under Section 20 (B) of NDPS Act. 2. The case of the prosecution, in brief, is that on 17.05.2026 on the basis of a secret information by the informant, the Police seized 5 kg & 155 grams of ganja from the joint possession of the applicants, thereafter a case was registered against the accused and they were arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He further submitted that contraband has not been seized from the exclusive possession of the applicants and even the quantity of contraband is less than the commercial quantity. He further submitted that the applicants are in jail since 25.06.2026, they have no criminal antecedents, charge sheet has been filed and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicant be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that huge quantity of contraband has been seized from the joint possession of the applicants, as such they are not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation and further considering that the 3 quantity of contraband is less than the commercial quantity, the applicants are in jail since 25.06.2026, they have no criminal antecedents, charge sheet has already been filed and conclusion of the trial is likely to take some time, therefore, without commenting anything on the merits of the case, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicants is allowed. 8. Let the Applicants – Devendra Bhatt and Ajay Giri Goswami, involved in Crime No.125/2026, registered at Police Station Sariya, District Raigarh (C.G.) for the offence punishable under Section 20 (B) of NDPS Act, be released on bail on each of them furnishing a personal bond with two sureties 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 his counsel. In case of their absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his/her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on 4 the date fixed in such proclamation, then, the trial court shall initiate proceedings against his/her, 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 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/her in accordance with law.” 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Nirala