Extracted from the PDF above. The PDF is authoritative.
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CGHC010362412026
2026:CGHC:42736
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8749 of 2026 1 - Hrishikesh Das Vaishnav S/o Shri Sukal Das Bairagi Aged About 35 Years R/o Barpeladih Post- Bhukel, Police Station- Basna District- Mahasamund (C.G.). 2 - Premlal Manikpuri S/o Itwaru Manikpuri Aged About 56 Years R/o Barpeladih Post- Bhukel, Police Station- Basna District- Mahasamund (C.G.).
... Applicants versus State of Chhattisgarh, through- The Station House Officer, Police Station - Basna, Distt- Mahasamund (C.G.).
… Non-Applicant For Applicant/s : Mr. Sumit Shrivastava, Advocate. For Non-Applicant/State : Ms. Monika Thakur, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board 01.10.2026 Heard. 1) This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 384 of 2026 registered at Police Station Basna, District Mahasamund,
2 Chhattisgarh 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 the police of Police Station Basna received secret information from an informant, and acting upon the said information, conducted a raid and seized 4.220 kg of contraband Ganja from the possession of the applicants. Thereafter, the aforesaid offence was registered against them. 3) It has been argued by learned counsel for the applicants that the applicants have been falsely implicated in this case. He further submits that the contraband seized from the possession of the applicants (4.220 kg of Ganja) is an intermediate quantity and does not attract the rigours of Section 37 of the NDPS Act, as the commercial quantity prescribed under the Schedule is 20 kg or more. It is further submitted that the applicants have no criminal antecedents, they have been in judicial custody since 15.07.2026, and the conclusion of the trial is likely to take considerable time. Therefore, he prays for grant of regular bail to the applicants. 4) On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge- sheet has already been filed before the competent court, while confirming that the applicants have no criminal antecedents. She further submits that 4.220 kg of Ganja was seized from their possession
3 and, since they are residents of the State of Odisha, they are not entitled to the grant of bail. 5) I have heard learned counsel appearing for the parties and perused the case diary.
6) Taking into consideration the facts and circumstances of the case, particularly that 4.220 kg of Ganja recovered from the applicants is an intermediate quantity (less than commercial quantity); that the applicants have no criminal antecedents; that the charge-sheet has already been filed; and that the applicants have been in custody since 15.07.2026 while the conclusion of trial is likely to take some time, this Court is of the view that the applicants have made out a fit case to be enlarged on bail. 7) Accordingly, the bail application filed by the applicants is allowed. It is
directed that the applicants be released on regular bail upon each executing a personal bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the concerned Trial Court, subject to the following conditions:- (i) they 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 them from disclosing such fact to the Court, (ii) they shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) they shall appear before the trial Court on each and
4 every date given to them by the said Court till disposal of the trial, (iv) they shall not involve themselves in any offence of similar nature in future. The observations made in the course of this order are only for considering the case of the applicants on the application for grant of regular bail. The concerned trial Court shall not be influenced or bound by the observations made in the course of this order. Sd/- (Rakesh Mohan Pandey) Judge Nadim