1 CGHC010282112026 2026:CGHC:38398 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6780 of 2026 Rishu Kanwar S/o Ganju Kahar Aged About 42 Years Resident Of Village Nuwasahi Latampadar, Police Station Firinga Kandhamal, (Odisha) ... Applicant versus State Of Chhattisgarh Through Police Station Komakhan, District Mahasamund (C.G.) ... Non-Applicant For Applicant : Shri Virendra Kashyap, Advocate. For Non-Applicant : Smt. Smriti Shrivastava, PL. 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 applicant who has been arrested in connection with Crime No.76/2026 registered at Police Station Komakhan, District Mahasamnund (C.G.) for the offence under Section 20(b)(ii)(B) of the NDPS Act. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.09.01 11:30:09 +0530 2 2. The prosecution case, in brief, is that on 19.05.2026 the concerned police received a secret information that a person carrying Ganja on a motorcycle was proceeding towards Kasekera. The police allegedly intercepted the applicant and recovered 07 Kg Ganja from a white plastic bag tied behind the motorcycle. On the basis of aforesaid recovery, FIR was registered against the applicant. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The alleged recovery of contraband from the applicant is denied in toto and the prosecution allegations are false, frivolous and liable to be tested during trial. The quantity allegedly seized from the applicant is 07 Kg of Ganja, which is below the commercial quantity prescribed under the NDPS Act. Therefore, the embargo contained under Section 37 of the NDPS Act is not attracted to the facts of the present case. The applicant is in judicial custody since 03.06.2026 and the trial is likely to take considerable time for its conclusion. Therefore, his continued incarceration would amount to pre-trial punishment. Moreover, the applicant does not have any criminal antecedents. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant does not have any criminal antecedents, and the charge 3 sheet has been submitted against the applicant. Therefore, the bail application may be rejected. 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, and the fact that the charge sheet has already been submitted against the applicant, the applicant does not have any criminal antecedents, which is mentioned in the bail application, the applicant is in jail since 3.6.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. Accordingly, the Application is allowed. 7. Let the Applicant – Rishu Kanwar, involved in Crime No.76/2026 registered at Police Station Komakhan, District Mahasamnund (C.G.) for the offence under Section 20(b)(ii)(B) of the NDPS Act., 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:- (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 4 trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 applicants are 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Barve