1 2026:CGHC:726 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8653 of 2025 1 - Suresh Kumar Sahu S/o Brij Lal Sahu Aged About 27 Years R/o Village Ward No. 10, Churupali, Outpost Bundeli, Police Station Tendukona, Tehsil Bagbahara, District- Mahasamund, Chhattisgarh 2 - Pavitra Kumar Alias Pavitra Kumbhar S/o Loknath Kumar Aged About 45 Years R/o Village Ailapali, Police Station Patnagarh, District- Balangir, Odisha 3 - Asharam Kumar Alias Asharam Kumbhar S/o Megho Kumar Aged About 32 Years R/o Village Ailapali, Police Station Patnagarh, District- Balangir, Odisha ... Applicants versus 1 - State of Chhattisgarh Through Police Station- Komakhan, District- Mahasamund, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Virendra Kahsyam and Mr. Rahil Arun Kochar, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.01.2026 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.97/2025, registered at Police Station – Komakhan, District – Mahasamund (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.14 20:01:29 +0530 2 the NDPS Act. 2. The prosecution story, in brief, is that on 07.09.2025, the Assistant Sub-Inspector of Police, Komakhan Police Station, District Mahasamund, namely Shri Shyamacharan Dhruv, allegedly received secret information from an informer that three persons were illegally selling Ganja kept in a yellow plastic bag near Komakhan Chowkhari, NH-353, while traveling on two black-Coloured Hero Passion Pro motorcycles. Acting upon the said information, the police party along with independent witnesses reached the spot and allegedly found three suspected persons present near Komakhan Chowkhari with two motorcycles one bearing registration number OR 03 H 6221 and another without registration number. Upon questioning, they disclosed their names as (1) Asharam Kumar, (2) Pavitra Kumar alias Pavitra Kumbhar, and (3) Suresh Kumar Sahu. It is alleged that upon searching them, one yellow-Coloured plastic bag containing 07 kilograms of contraband substance (Ganja) worth *1,05,000/- was recovered from their joint possession. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the joint possession of the applicants contraband article i.e., 7kg ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the applicants only 7 Kgs of Ganja has been seized. It is further submitted that there are no any criminal antecedents of the applicants, and they are in jail since 07.09.2025 and the conclusion of the trial is likely to take quite 3 long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there are no any criminal antecedents of the applicants No.1 and 3 but, applicant No.2 has 1 previous criminal antecedents of IPC. It is submitted that a total of 7 Kgs of Ganja has been recovered from the joint possession of the applicants, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Ganja seized from the joint possession of the applicants i.e. a total of 7 Kgs, which is less than the commercial quantity. Also considering the fact that charge- sheet has been filed, and further that the applicants are in jail since 07.09.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let the applicants, Suresh Kumar Sahu, Pavitra Kumar Alias Kumbhar and Asharam Kumat Alias Asharam Kumbhar involved in Crime No.97/2025, registered at Police Station – Komakhan, District – Mahasamund (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, 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:- 4 (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 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/- (Ramesh Sinha) Chief Justice vaishali