1 CGHC010356322026 2026:CGHC:42583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8660 of 2026 1 - Rohit Kuchbadiya S/o Azad Kuchbadiya Aged About 22 Years R/o Village Sajli, Distt. Sagar Madhya Pradesh. ... Applicant versus 1 - State Of Chhattisgarh Through Police Station City Kotwali, Distt. Bilaspur C.G. ... Non-applicant For Applicant : Mr. Vidya Bhushan Soni, Advocate For Non-applicant /State : Ms. Saumya Sharma, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 30/09/2026 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 2 Crime No. 257/2026 registered at Police Station City Kotwali, District Bilaspur (C.G.) for the offence punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, “NDPS Act”) and Section 111(2)(b) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter, “the BNS”). 2. Case of the prosecution, in brief, is that on 18/04/2026, the police conducted a raid on account of information received from an informer and seized a total of 20 kgs of Ganja from the joint possession of co-accused persons namely Aditya Kuchbadiya, Pankaj Kuchbadiya and Kohinoor Kuchbadiya and as per the memorandum statements of the co-accused persons, the present applicant was also implicated in the present crime. 3. Mr. Vidya Bhushan Soni, 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 present applicant has been implicated on account of memorandum statement of the co-accused persons and he has no previous criminal antecedents. He would lastly contend that the charge-sheet has already been filed and the applicant has been in judicial custody since 20/06/2026, and since the conclusion of the trial is likely to take considerable time, the applicant may be enlarged on regular bail. 3 4. On the other hand, Ms. Saumya Sharma, learned counsel appearing for the non-applicant/State, would oppose the bail application and submit that the quantity of ganja seized (20 kgs) is of commercial quantity, therefore, the rigours of Section 37 of the NDPS Act would apply. She further argues that out of five accused persons, bail application of two co-accused persons has already been rejected by this Court vide order dated 22/09/2026 passed in MCRC/8422/2026. She would also submit that there are phone call details available of the accused which connect him with the crime in question; thus, he is not entitled to be released on regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Having considered the facts and circumstances of the present case and the nature and gravity of the allegations, further having considered the fact that bail application of two accused persons has already been rejected by this Court vide order dated 22/09/2026 passed in MCRC/8422/2026 and the quantity of ganja seized (20kgs) is of commercial quantity, having regard to the stringent conditions under Section 37 of the NDPS Act and further considering that there is call detail record which connects the present applicant from the crime in question, this Court is not inclined to enlarge the applicant on regular bail. 4 7. Accordingly, the bail application preferred by the applicant – Rohit Kuchbadiya who has been arrested in connection with Crime No. 257/2026 registered at Police Station City Kotwali, District Bilaspur (C.G.) for the offence punishable under Sections 20(b) and 29 of the NDPS Act and Section 111(2)(b) of the BNS is hereby rejected. Sd/- (Rakesh Mohan Pandey) JUDGE Harneet