1 CGHC010316812026 2026:CGHC:41444 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8505 of 2026 1 - Devlal @ Golu S/o Late Lalla Ram Sahu, Aged About 29 Years R/o Durga Chowk, Rawabhatha, Ward No. 13, In Front Of Banjari Mandir, Khamtarai, Raipur Tahsil And District Raipur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Khamtarai, Raipur District Raipur (C.G.) --- Non-applicant For Applicant : Mr. Pradeep Singh Rathore, Advocate For Non-applicant : Ms. Priya Sharma, PL Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 23.09.2026 1) This is the second 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. 977/2025 registered at Police Station Khamtarai, Raipur, District Raipur (C.G.), for the offence punishable under Section 20(B) (ii) (a) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Earlier first bail application bearing MCRC No.10117 of 2025 was rejected on merits vide order dated 09.12.2025. 2 2) The case of the prosecution, in brief, is that on receiving secret information, the police of Police Station Khamtarai, Raipur, conducted a raid and seized 400 grams of cannabis from the possession of the present applicant. Thereafter, an offence punishable under Section 20(B)(ii)(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against the present applicant. 3) Learned counsel for the applicant would submit that the present applicant is innocent and has falsely been implicated in the case. He would further submit that the contraband article, i.e., cannabis, was not seized from the actual and exclusive possession of the present applicant. He would contend that there is no material evidence available against the applicant connecting him with the commission of the crime. He would also contend that the alleged recovered cannabis is much less than commercial quantity. He would submit that the present applicant has five criminal antecedents; out of which, three cases of similar nature have already been disposed of, while the remaining two cases are under the Indian Penal Code. He would contend that the applicant is in jail since 28.08.2025, the charge-sheet has already been filed and the charges were framed on 10.02.2026, but till date, not a single witness has been examined. He would further contend that, on account of the delay in trial, the applicant is entitled to be released on bail. 4) On the other hand, learned State counsel would oppose the bail application and would submit that the present applicant has five criminal antecedents and 400 grams of cannabis was seized from his possession. He would contend that the first bail application of the 3 applicant was rejected on merits vide order dated 09.12.2025 and thus, the present application deserves to be rejected. 5) I have heard learned counsel appearing for the parties and perused the case diary. 6) Having considered the fact that only 400 grams of cannabis was seized from the possession of the present applicant, the charge-sheet has already been filed, and the applicant is in jail since 28.08.2025, and further considering that the charges were framed on 10.02.2026, but till date, not a single witness has been examined, the conclusion of the trial is likely to take some considerable time; out of five criminal antecedents of the present applicant, three cases have already been disposed of, therefore, without commenting on the merits of the case, I am inclined to grant bail to the present applicant. 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/she shall be released on bail on the following conditions:- (i) he/she 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/her from disclosing such fact to the Court; (ii) he/she shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he/she shall appear before the trial Court on each and every date given to him/her by the said Court till disposal of the trial. 4 (iv) If the applicant involves himself in any similar offence in near future, the bail granted by this Court shall stand automatically cancelled. The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits. SD/- (Rakesh Mohan Pandey) JUDGE Rekha