1 CGHC010351662026 2026:CGHC:41418 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8472 of 2026 1 - Rajkamal Yadav S/o Raju Yadav Aged About 30 Years At Pili Building, Housing Board Colony, Block 51, House Number 113, Boryakala, P.S. Mujgahan, District Raipur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Sho Ps Mujgahan, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Lukesh Kumar Mishra, Advocate For Non-applicant /State : Mr. Sourabh Sahu, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 23/09/2026 1. The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.09.24 11:36:14 +0530 2 grant of regular bail as he has been arrested in connection with Crime No. 121/2026 registered at Police Station Mujgahan District Raipur (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, “NDPS Act”). 2. Case of the prosecution, in brief, is that on 22/05/2026, the police conducted a raid on account of information received from an informer and seized 5.121 kgs of Ganja from the possession of the present applicant. Thereafter, the police registered an FIR against the applicant and he was arrested on the same day. 3. Mr. Lukesh Kumar Mishra, learned counsel appearing for the applicant, would submit that the applicant is innocent and has falsely been implicated in the present case. He would further submit that the seized contraband article, i.e., 5.121 kg of Ganja, is of intermediate quantity (less than commercial quantity), hence the rigours of Section 37 of the NDPS Act would not apply to the applicant's case. He would also submit that the applicant has four criminal antecedents out of which one pertaining to the year 2019 registered for commission of offence under Sections 379/34 and 411 of IPC has been disposed of and three other cases pertaining to the years 2021, 2025 and 2025 registered for offence punishable under Sections 4 and 5 of Chhattisgarh Tonhi Pratadna Nivaran Act r/w Sections 294, 506 of BNS; Section 115(1), 118(1), 296, 3(5) and 351(2) of BNS; and Section 20B of 3 NDPS Act, respectively, are pending consideration before the trial Court and the appellant has been released on bail. He would lastly contend that the charge-sheet has already been filed and the applicant has been in judicial custody since 22/05/2026, and since the conclusion of the trial is likely to take considerable time, the applicant may be enlarged on regular bail. 4. On the other hand, Mr. Sourabh Sahu, learned counsel appearing for the non-applicant/State, would oppose the bail application and submit that intermediate quantity of contraband Ganja was recovered from the exclusive possession of the applicant, and he also has four criminal antecedents and one of them is of similar nature as the present case; thus, he is not entitled to be released on regular bail. However, she admits that the charge-sheet has already been filed before the competent Court and that the previous antecedent does not pertain to the NDPS Act. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly that the seized contraband article (5.121 kgs of Ganja) is of intermediate quantity, which is below commercial quantity; further considering that charge-sheet has already been filed, the applicant has only one criminal antecedent of similar nature under the NDPS Act, he is in judicial custody since 22/05/2026, and the conclusion of the trial is likely to take some time, this Court is 4 inclined to enlarge the applicant on regular bail. Accordingly, the bail application is allowed. 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :- (i) he 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 fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 8. The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/- Sd/- (Rakesh Mohan Pandey) JUDGE Harneet