1 2026:CGHC:19673 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2746 of 2026 Hari Singh Vishwakarma S/o Ganesh Prasad Vishwakarma Aged About 29 Years R/o Behind Bakshi Hanuman Temple Datiya, P.S. - City Kotwali District Datiya (M.P.) ... Applicant versus State Of Chhattisgarh Through The Police Station- Sarsiwan District- Sarangarh-Bilaigarh, C.G. ... Respondent For Applicant : Shri Ankit Singh, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28/04/2026 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.269/2025, registered at Police Station –Sarsiwa, District- Sarangarh-Bilaigarh for the offence punishable under Section 20B of NDPS Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.29 13:07:58 +0530 2 2. The prosecution story, in brief, is that on 03.09.2025, the police of police station Sarsiwa caught the present applicant and the co-accused person while transporting 8 packet of Ganja weighing 13 kg 330 gram on a white scooty with registration no. CG-10EG-9036 who were transporting the contraband ganja near Gram Bhinoda Infront of Shivam Rice Mill Main Road and the police caught the applicant and the co-accused person and registered the offence against the applicant and co-accused person for the alleged offence punishable under Section 20B of the N.D.P.S. Act, thereafter police has registered case offence under section 20B of NDPS Act. 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 submitted that the charge-sheet has been filed in this case. It is also submitted that from the joint possession of the applicant & co-accused intermediate quantity of the psychotropic substance 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 joint possession of the applicant & co-accused only 13 kg 330 gram of Ganja has been seized. It is further submitted that the applicant is in jail since 04/09/2025 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 the charge-sheet has been filed in the present case and there is no criminal antecedents of the applicant in the State of Madhya Pradesh. It is submitted that a total of 13 kg 330 3 gram of Ganja has been recovered from the joint possession of the applicant & co-accused, 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 applicant & co-accused i.e. a total of 13 kg 330 gram, which is less than the commercial quantity, also considering the fact that charge-sheet has been filed, there is no criminal antecedents of the applicant in the State of Madhya Pradesh, further that the applicant is in jail since 04/09/2025 and the conclusion of the trial is likely to take sometime, therefore 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 and it is directed that the Applicant- Hari Singh Vishwakarma, involved in Crime No.269/2025, registered at Police Station –Sarsiwa, District- Sarangarh-Bilaigarh for the offence punishable under Section 20B of 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri