1 2026:CGHC:4782 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 348 of 2026 Bhojraj Sinha S/o Khileshwar Sinha Aged About 23 Years R/o Deen Dayal Nagar Ward No. 06, Chikhli, Rajnandgaon Police Station - Kotwali, Rajnandgaon District- Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station - Basna District- Mahasamund (C.G.) ... Respondent For Applicant : Ms. Divya Sahu, Advocate. For Respondent/State : Ms. Palak Dwivedi, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.171/2025 registered at Police Station Basna, District- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.29 16:56:09 +0530 2 Mahasamund (C.G.) for the offence punishable under Section 20(b) of Narcotic Drugs and Psychotropic Substances, Act. 2. Case of the prosecution, in brief, is that on 25.04.2025, on the basis of the secret information given by the informant, the police of Police Station Basna seized 19 kilograms illegal contraband substance Ganja from the possession of the present applicant and co-accused which was transporting in Swift Desire car bearing registration No. CG-04- PN-1413. Thereafter, the police of Police Station Basna, District Mahasamund (C.G.) registered FIR bearing Crime No. 171/2025 for the offence punishable under Section 20(b) of NDPS Act against the present applicant and co-accused person. Charge sheet has been filed and the case is pending before the learned Special Judge (N.D.P.S. Act), Saraipali, District Mahasamund (C.G.) as Special Criminal (NDPS) Case No. 29/2025. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in this case. She would submit that second bail application of the co-accused namely Aaditya Meshram has been allowed by this Court in MCRC No. 642 of 2026 on 19.01.2026. She would submit that the charge sheet has been filed in this case, applicant is in jail since 25/04/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, further the fact that second bail application of the co-accused namely Aaditya Meshram has been allowed by this Court in MCRC No. 642 of 2026 on 19.01.2026, period of detention of the applicant since 25/04/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Bhojraj Sinha, involved in Crime No.171/2025 registered at Police Station Basna, District- Mahasamund (C.G.) for the offence punishable under Section 20(b) of Narcotic Drugs and Psychotropic Substances, Act, be released on bail on his 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 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. 4 (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 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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri