1 2026:CGHC:15317 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2954 of 2026 1. Ku. Taruna Singh Rajput D/o Shanti Lal, Aged About 26 Years R/o Subhash Block S.E.C.L. Korba, P.S. Kotwali Korba, Tahsil Korba, District- Korba (C.G.) 2. Litesh Singh Thakur S/o Santosh Singh Thakur Aged About 27 Years R/o Ward No. 3, Gopiband, Pandariya Police Station Pandariya, District- Kawardha (C.G.) (Discription of Applicants Mentioned As Per Charge Sheet) ... Applicants versus State of Chhattisgarh Through Station House Officer, Police Of Police Station Arjuni, District- Dhamtari (C.G.) ... Non-Applicant For Applicants : Mr. Anil Kumar Gulati, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 0 2.04.2026 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. 05/2026, registered at Police Station – Arjuni, District- Dhamtari (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. The brief facts of the prosecution case are that on 14.01.2026, the police received secret information from an informer that a boy and a girl were PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.02 18:02:39 +0530 2 traveling on a motorcycle bearing Registration No. CG04/QL-1871 and were carrying contraband ganja. Acting upon the said information, the police laid surveillance near Village Bhoina on the Dhamtari–Nagari road and began checking vehicles. After some time, the applicants arrived on the said motorcycle and were intercepted by the police. Upon inquiry, they disclosed their names as mentioned in the array of parties. A search of their possession led to the seizure of a total of 12.538 kg of contraband ganja. Consequently, the applicants were arrested for the alleged offence. 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 mandatory provision of the NDPS Act has not been complied by the prosecution. It is further submitted that the charge-sheet has been filed and there is no previous criminal antecedents of the applicants and they are in jail since 14.01.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed. She further submits that a total quantity of alleged contraband substance which has been recovered from the joint possession of the applicants, is less than the commercial quantity and also endorse the fact that the applicants have no previous criminal antecedents. 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 alleged contraband 3 substance which has been recovered from the possession of the applicants, is less than the commercial quantity, also considering the fact that charge-sheet has been filed and there is no previous criminal antecedents of the applicants, further, that the applicant is in jail since 14.01.2026 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let applicant Nos. 1 and 2, Ku. Taruna Singh Rajput and Litesh Singh Thakur, respectively involved in Crime No. 05/2026, registered at Police Station – Arjuni, District- Dhamtari (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 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 4 initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 them 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