1 CGHC010299382026 2026:CGHC:39668 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7241 of 2026 1 - Krishna Rohidas S/o Mangalu Rohidas Aged About 41 Years R/o Jogimunda, P.S. Patnagarh, District- Balangir, (Orissa) 2 - Satyanarayan Bandhiya S/o Govind Bandhiya Aged About 32 Years R/o Vasudevpara, P.S. Belpara, District- Balangir, (Orissa) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - D.D. Nagar, Raipur, District- Raipur (C.G.) ... Respondent(s) For Applicants : Shri Rekhraj Baghel, Advocate. For Non-Applicant/State : Shri Sumeet Singh, Dy. A.G. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 10.09.2026 Heard. 1) This is the first bail application filed under under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants, who have been arrested in connection with Crime NIRMALA RAO 2 No.379 of 2026 registered at Police Station D.D. Nagar, District Raipur, Chhattisgarh for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2) Case of the prosecution, in brief, is that the police of Police Station D.D. Nagar, Raipur received a secret information from the informant and on the said information conducted a raid and seized 5.630 kg of contraband Ganja from the possession of the applicants, thereafter, the aforesaid offence was registered against the applicants. 3) It has been argued by learned counsel for the applicants that the applicants have been falsely implicated in this case. He further submits that from the possession of the applicants small quantity of Ganja was 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 applicants 5.630 kg of Ganja was seized. It is further submitted by the learned counsel for the applicants that the applicants have no criminal antecedents and they are in jail since 18.6.2026 and conclusion of the trial is likely to take quite long 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. She further submits that from the possession of the applicants contraband article i.e. 5.630 kg of Ganja was seized, therefore, the present applicants are not entitled for grant of bail. 3 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 contraband article i.e. 5.630 kg of Ganja was recovered from the possession of the applicants, which is less than commercial quantity. Moreover, the applicants have no criminal antecedents. Also considering the fact that the charge-sheet has been filed in the present case before the competent Court and the applicants are in jail since 18.6.2026, 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) Let the Applicants – Krishna Rohidas and Satyanarayan Bandhiya, involved in Crime No.203 of 2026 registered at Police Station Telibandha, District Raipur, Chhattisgarh for the offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be 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. 4 (iii) In case, the applicants misuse 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 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) However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible. 9) Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Rakesh Mohan Pandey) Judge Nimmi