1 2026:CGHC:16930 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1535 of 2026 Hemant Sikka @ Tiku Sikka S/o Mannu Lal Sikka, Aged About 25 Years R/o Near Shiv Mandir, Trimurty Nagar, P.S. Devendra Nagar, District- Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Devendra Nagar, District- Raipur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Bharat Lal Sahu, Advocate. For Non-Applicant/State : Mr. Saurabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 230/2025, registered at Police Station – Devendra Nagar, District- Raipur (C.G.) for the offence punishable under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution story, in brief, the police of Police Station Devendra Nagar received secret information from an informant that, on 22.11.2025, an unknown person was transporting illegal contraband PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.15 10:35:41 +0530 2 ganja for the purpose of sale. Acting upon the said information, the police reached the spot and seized 4.864 kilograms of contraband ganja from an open place at the scene of occurrence. Consequently, an offence punishable under Section 20(b)(ii)(B) of the NDPS Act has been registered against the present applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the prosecution has failed to establish exclusive possession in respect of the seizure, as the seizure memo has not been duly proved through the seizure witnesses. It is also submitted that the charge-sheet has been filed. Although the applicant has seven previous criminal antecedents under the IPC and BNS, all such cases are pending, and an explanation in that regard has been furnished through the covering memo of the present bail application. The applicant has been in judicial custody since 22.11.2025, and the conclusion of the trial is likely to take a considerable amount of time. Therefore, it is prayed that the applicant be granted regular bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that a total quantity of alleged contraband substance which has been recovered from the possession of the applicant, is less than the commercial quantity. He further submits that the charge-sheet has been field and the applicant has 07 previous criminal antecedents under the IPC and BNS, hence, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the material available on record. 3 6. After hearing the submissions advanced by learned counsel for the parties and considering the quantity of the alleged contraband substance recovered from the possession of the applicant, which is less than the commercial quantity, as well as the fact that the charge-sheet has been filed and the explanation regarding the applicant’s criminal antecedents has been duly furnished through the covering memo, and further considering that the applicant has been in judicial custody since 22.11.2025 and the conclusion of the trial is likely to take some time, I am of the opinion that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. Let applicant - Hemant Sikka @ Tiku Sikka involved in Crime No. 230/2025, registered at Police Station – Devendra Nagar, District- Raipur (C.G.) for the offence punishable under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, be released on bail on her furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 4 during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti