1 2026:CGHC:11695 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8954 of 2025 Sonu Ahmed S/o Shri Khursid Ahmed, Aged About 24 Years, R/o Village Fatihabad Haryana At Present Patrapali, P.S. Kotraroad, District- Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Pusour District- Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Manoj Kumar Sinha, Advocate. For Non-Applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 1 1.03.2026 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. 247/2025, registered at Police Station – Pusour, District- Raigarh (C.G.) for the offence punishable under Sections 20-B of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution story, it is alleged that on 10.09.2025, information was received by the informant that near Village Aurda and Jakela, close to the Mandir, a trap was laid by the police authorities and a Scooty bearing registration number CG 13 AF 0615 was found in which 04.00 kg of contraband Ganja was allegedly kept for the purpose of sale. On receiving such information, the police officers reached the spot and apprehended the applicant and co-accused Raunak Agrawal, who were PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.03.12 14:31:41 +0530 2 driving the Scooty. It is alleged that the contraband Ganja was being carried for the purpose of selling. The police officers asked the names of the accused persons, and they disclosed their names accordingly. After reaching the spot and conducting a search of the Scooty, the police authorities allegedly found one packet of Ganja weighing 04.00 kg, which was seized. The contraband Ganja was allegedly kept in a plastic bag inside the Scooty. However, the alleged Ganja was not seized from the conscious possession of the applicant. Therefore, it cannot be said that the applicant had any intention to sell the alleged contraband Ganja. That, upon receiving information from the informant regarding the possession of Ganja, the police conducted a search operation and allegedly recovered 04.00 kg of Ganja from the accused persons. The police then questioned the accused regarding the said Ganja. Thereafter, the applicant was taken into custody and arrested, and an offence under Section 20(B) of the NDPS Act was registered at Police Station Pusour against the present applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed and there is no previous criminal antecedents of the applicant and he is in jail since 10.09.2025 and the conclusion of the trial is likely to take quite 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 a total quantity of alleged contraband substance which has been recovered from the possession of the applicant, is less than the commercial quantity. She further submits that the applicant has no previous criminal antecedents. 3 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 substance which has been recovered from the possession of the applicant, is less than the commercial quantity, also considering the fact that charge-sheet has been filed and there is no previous criminal antecedents, further, that the applicant is in jail since 10.09.2025 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. 7. Accordingly, the bail application is allowed. Let applicant - Sonu Ahmed involved in Crime No. 247/2025, registered at Police Station – Pusour, District- Raigarh (C.G.) for the offence punishable under Sections 20-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 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 4 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 Preeti