1 CGHC010346862026 2026:CGHC:41287 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8410 of 2026 Pawan @ Ashish Rajput Son Of Dev Singh Rajput, Aged About 27 Years Resident Of Ward No. 9 Masjidpara, Gandai, Police Station - Gandai, District - Khairagarh - Chhuikhadan - Gandai (C.G.). ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Gandai, District - Khairagarh - Chhuikhadan - Gandai (C.G.). ... Non-Applicant For Applicant : Mr. Krishna Kumar Dewangan, Advocate For Non- Applicant /State : Mr. Kawaljeet Singh Saini, Deputy Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 22/09/2026 1. The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 208/2026 registered at Police Station Gandai, District Khairagarh-Chhuikhadan- Gandai (C.G.) for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution, in brief, is that on 30.06.2026, the police of Police Station Gandai, District Khairagarh-Chhuikhadan-Gandai (C.G.) conducted a raid and seized 1.500 kg of contraband Ganja from the Digitally signed by NADIM MOHLE 2 possession of the present applicant, thereafter, the police registered an FIR against the applicant and he was arrested on 30.06.2026. 3. 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., 1.500 kg of Ganja, is of intermediate quantity (less than commercial quantity), hence the rigours of Section 37 of the NDPS Act do not apply to the applicant's case. He would also submit that the charge-sheet has already been filed before the competent Court, the applicant has two criminal antecedents (one under Sections 294, 34 of the IPC and another under Sections 296, 351(2) of the BNS, both of the year 2024 and pending trial, but none under the NDPS Act), he has been in judicial custody since 30.06.2026, and the conclusion of the trial is likely to take considerable time; thus, the applicant may be enlarged on regular bail. 4. 4. On the other hand, learned counsel appearing for the State/non- applicant 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 carries two criminal antecedents; thus, he is not entitled to be released on regular bail. However, he admits that the charge-sheet has already been filed before the competent Court and that none of the previous antecedents 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 (1.500 kg of Ganja) is of intermediate quantity, which is below commercial quantity; further charge-sheet has already been filed, the applicant has no criminal antecedent of similar nature under the NDPS Act, he is in judicial custody since 30.06.2026, and the conclusion of the trial is likely to take 3 some time, this Court is 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. 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/- Rakesh Mohan Pandey JUDGE Nadim