1 2026:CGHC:18972 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3767 of 2026 Vikas Sahu S/o Gopal Sahu Aged About 24 Years R/o Village Kutela Parsada, Police Station Arang, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Officer In- Charge Of Police Station Bagbahara, District- Mahasamund (C.G.) ... Non-applicant For Applicant : Ms. Gunjan Rani Agarwal, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.28/2026, registered at Police Station - Bagbahara, District- Mahasamund (C.G.) for the offence punishable under Section 22(B) of the NDPS Act. 2. The prosecution story in brief is on 13.02.2026, a Police Team from VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.25 11:45:03 +0530 2 Police Station Bagbahara, while on routine patrol duty, received secret information that a person wearing a black jacket was transporting contraband ganja on a motorcycle from the direction of Odisha. Acting upon the said information, the police party proceeded to the vicinity of the Rewa River Ghat and intercepted the applicant. Upon search, a blue plastic sack tied to the rear of the motorcycle was found, which allegedly contained 07 kilograms & 70 grams of Ganja, valued at approximately 3,50,000/-. The said contraband was seized in accordance with law, and the applicant was arrested on the spot. Subsequently, the First Information Report (F.I.R.) bearing Crime No. 28/2026 was registered against the applicant under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case. It is further submitted that the alleged recovery is of intermediate quantity, i.e., below commercial quantity, and therefore the rigours of Section 37 of the NDPS Act are not attracted. It is also submitted that the mandatory provisions relating to search and seizure have not been strictly complied with, rendering the alleged recovery doubtful. The applicant is a young person aged about 24 years, engaged in tiles fitting work, and is the sole breadwinner of his family; he is a permanent resident of District Raipur with no likelihood of absconding or tampering with prosecution evidence. It is further submitted that the investigation has already been completed and the charge sheet has been filed before the competent Court, and as the trial is likely to take considerable time to conclude, continued detention of the applicant since 13.02.2026 would 3 amount to pre-trial punishment and would severely affect his family’s livelihood. The applicant has sufficient roots in society, possessing movable and immovable properties, and undertakes to abide by all conditions imposed by this Hon’ble Court; hence, it is prayed that he be granted the benefit of bail. 4. On the other hand, learned counsel appearing for the State/non- applicant. He further submits that from the possession of the applicant contraband article i.e. 07.70 Kgs of Ganja was seized and applicant, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 13.02.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Vikas Sahu , involved in Crime No.28/2026, registered at Police Station - Bagbahara, District- Mahasamund (C.G.) for the offence punishable under Section 22(B) of the NDPS Act, be released on bail on furnishing personal bond with two local 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 he 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 4 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure him 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 him, 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 vaibhav