CGHC010305562026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7433 of 2026 Mukesh Kushwaha S/o Somnath Kushwaha Aged About 29 Years R/o Mahoba Bazar, Veer Shiva Ji Nagar, Dabrapara, Raipur, Thana Amanaka Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, (S.H.O.) P.S. Amanaka, Distt- Raipur (C.G.) ... Respondent(s) (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Sanjay Kumar Soni, Advocate For Respondent/State : Shri Ghanshyam Kashyap, Dy GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 10.09.2026 1. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the second bail application before this Court filed by the applicant for grant of regular bail. The first bail application of the applicant has been dismissed as withdrawn with liberty to repeat the same after filing of the charge-sheet vide order dated 24.07.2026 passed by this Court in MCRC-6685 of 2026. 2. Applicant was arrested on 04.06.2026 in connection with Crime No.181 of 2026 registered at PS- Amanaka, Raipur, CG, for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Mcrc 7433 of 2026 2 3. Case of the prosecution, in brief, is that on 04.06.2026, on a secret information received by the Amanaka Police, raid was conducted at Mohba Bazar, Vir Shivaji Nagar, Dabrapara, Bazar Complex, Raipur and apprehended the applicant, who was carrying a carry bag in which 2.070 kg Ganja has been seized. FIR has been registered and the applicant has been sent to judicial custody. 4. Learned counsel for the applicant would submit that applicant has been falsely implicated in the offence. There is non-compliance of mandatory provisions of the NDPS Act and only on apprehension that the applicant was standing near the place, from where the alleged Ganja was seized, he has been implicated in the offence. The quantity of ganja seized is intermediate quantity, for which no minimum sentence has been provided, investigation has been completed, the applicant is in jail since 04.06.2026, and final adjudication of the case will take its own time, there is no criminal antecedents of the applicant with respect to the same nature of offence though he is having past criminal antecedents of the offence under the Arms Act two cases, under IPC one case and under the Chhattisgarh Excise Act one case. Hence, the applicant may be enlarged on bail. 5. On the other hand, learned State counsel opposes the submissions made by learned counsel for the applicant and would submit that the applicant is having past criminal antecedents of the Arms Act, IPC and Chhattisgarh Excise Act. Looking to the nature of offence and period of detention, he is not entitled to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. Mcrc 7433 of 2026 3 7. Considering the submissions made by learned counsel for the parties, also considering nature of allegation against the applicant, as well as the quantity of ganja allegedly seized from the applicant, further considering that he is in jail since 04.06.2026, charge-sheet has already been filed, and final adjudication of this case would take some more time, and also that there is no past criminal antecedent against the applicant with respect to offence under the NDPS Act, without commenting anything on merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the bail application filed by the applicant- Mukesh Kushwaha, s/o Somnath Kushwaha is allowed, and he shall be released on bail on his executing a personal bond in sum of Rs.50,000/- with one surety of like sum to the satisfaction of the concerned trial Court. Applicant shall also abide by the following conditions: i. that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any Police Officer; ii. that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. iii. that the applicant shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial unless exempted. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma Digitally signed by V PADMAVATHI Date: 2026.09.11 10:45:54 +0530