1 CGHC010299972026 2026:CGHC:39667 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7254 of 2026 1 - Niranjan Badhai (Barai) S/o Niradh Barai Aged About 35 Years Caste Bangali R/o Present Address Ward No. 10 Chudi Tikrapara Dantewada Chhattisgarh Permanent Address M V 26 Post Madiwala Thana And Malkangiri Odisha ... Petitioner(s) versus 1 - State Of Chhattisgarh Through P.S. Dantewada Distt. Dantewada Chhattisgarh ... Respondent(s) For Applicant : Shri Vikash A. Shrivastava, Advocate. For Non-Applicant/State : Shri Vivek Sharma, P.L. 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 applicant, who has been arrested in connection with Crime No.52 of 2026 registered at Police Station Dantewada, District Dantewada, Chhattisgarh for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. NIRMALA RAO 2 2) Case of the prosecution, in brief is that the police of Police Station Dantewada, received a secret information from the informant and on the said information conducted a raid and seized 2.400 kg of contraband Ganja from the possession of the applicant, thereafter, the aforesaid offence was registered against the applicant. 3) It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that from the possession of the applicant 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 applicant 2.400 kg of Ganja was seized. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedents and he is in jail since 16.5.2026 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 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 applicant has no criminal antecedents. She further submits that from the possession of the applicant contraband article i.e. 2.400 kg of Ganja was seized, therefore, the present applicant is not entitled for grant of bail. 5) I have heard learned counsel appearing for the parties and perused the case diary. 3 6) Taking into consideration the facts and circumstances of the case that the contraband article i.e. 2.400 kg of Ganja was recovered from the possession of the applicant, which is less than commercial quantity. Moreover, the present applicant has no criminal antecedents. Also considering the fact that the charge-sheet has been filed in the present case before the competent Court and the applicant is in jail since 16.5.2026, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7) Let the Applicant – Niranjan Badhai (Barai), involved in Crime No.52 of 2026 registered at Police Station Dantewada, District Dantewada, Chhattisgarh for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two 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 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 his 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 4 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) However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 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