1 2026:CGHC:18718 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2515 of 2026 Kripal Singh S/o Dariyav Singh Aged About 37 Years R/o Village Giroli, Police Station Badoud, District Aagarmalwa M.P. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Pithoura, District Mahasamund Chhattisgarh --- Non-applicant For Applicant : Mr. Arun Kumar Shukla, Advocate For Respondent/State : Ms. Monika Singh Thakur, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.28/2026, registered at Police Station – Pithoura, District Mahasamund for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution story, in brief, on 29.01.2026, the police officials allegedly received secret information from an informant that two persons, carrying contraband Ganja, were proceeding ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2026.04.24 19:05:58 +0530 2 from the State of Odisha towards Pithoura via Basna on a motorcycle. Acting upon the said information, the police party reached National Highway No. 53 and laid a blockade. After some time, a motorcycle matching the description provided by the informant was noticed approaching the spot. The said vehicle was intercepted, and upon apprehension, one of the persons disclosed his name as Kripal Singh. On being questioned regarding a bag in his possession, he allegedly admitted that the contents were kept therein. Upon search of the said bag, it was allegedly found to contain 10 kilograms of Ganja. Thereafter, the applicant was taken into custody, and an FIR came to be registered against him for the alleged offence. Hence this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the alleged recovery of 10 kilograms of Ganja is of intermediate quantity and, therefore, the rigours of Section 37 of the NDPS Act are not attracted. It is further submitted that the alleged contraband was not recovered from the conscious and exclusive possession of the applicant, as the bag was found placed between two riders of the motorcycle, creating serious doubt regarding ownership and possession. It is also argued that the applicant has no criminal antecedents, has been in judicial custody since 29.01.2026, therefore, he prays for grant of regular bail to the applicant. 3 4. Per contra, learned counsel for the State opposes the bail application and submits that the applicant has been rightly implicated on the basis of contraband Ganja weighing 10 kilograms was duly recovered from the possession of the applicant. It is further contended that the quantity, though intermediate, is substantial in nature, and considering the gravity of the offence, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, particularly that the alleged contraband is Ganja weighing 10 kilograms, which falls within intermediate quantity, further considering the facts that the applicant has no criminal antecedents and has been in judicial custody since 29.01.2026, and also considering that the investigation is complete and the trial is likely to take considerable time for its conclusion, this Court is of the considered opinion that further custodial detention of the applicant is not warranted. I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant, Kripal Singh involved in Crime No.28/2026, registered at Police Station – Pithoura, District Mahasamund for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act 4 be released on bail on their furnishing a 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 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 his 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 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 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 5 cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him 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/- Sd/- (Ramesh Sinha) Chief Justice Saxena