##PAGE1##

1

GOURI

MUDALIAR

Digitally signed 2026:CGHC:6645

by GOURI

MUDALIAR

Date: 2026.02.06

17:53:26 +0530

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 10064 of 2025

Jitendra Pradhan Alias Kunu Pradhan S/o Balbhadra Pradhan Aged About 39

Years R/o Village And P.S. Lakhna, Tehsil Nuapada, District : Nuapada

(Orissa) ... Applicant

versus

State Of Chhattisgarh Through Police Station Bagbahra, District :

Mahasamund, Chhattisgarh

... Respondent

For Applicant : Shri Shubhank Tiwari, Advocate.

For : Shri Sourabh Sahu, PL.

Respondent/State

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

05/02/2026

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.161/2025

registered at Police Station – Bagbahra, District : Mahasamund (C.G.)

for the offence punishable under Section 20 (B) of The Narcotics Drugs

and Psychotropic Substances Act, 1985.

2

2.

The prosecution story, in brief, is that after getting the secret

information, the raid was performed and total (10.052 K.G.) i.e. 10 K.G.

52 Grams of contraband i.e. Ganja was seized from the possession of

the Applicant. It was also alleged that applicant was not having any

document related to possession of contraband (Ganja). Hence the FIR

was lodged.

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 possession of the applicant 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 possession of the applicant only 10.052

K.G. of Ganja has been seized. It is further submitted that applicant is

in jail since 24/07/2025 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 one criminal antecedent of the applicant

under the IPC of the year 2011 in the state of Orrisa. It is submitted that

a total of 10.052 K.G. of Ganja has been recovered from the

possession of the applicant, therefore, this bail application is liable to

be rejected.

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 Ganja seized from the

possession of the applicant i.e. a total of 10.052 K.G., which is less

than the commercial quantity, also considering the fact that charge-

sheet has been filed, there is only one criminal antecedent of the

applicant under the IPC of the year 2011 in the state of Orrisa, further

that the applicant is in jail since 24/07/2025 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- Jitendra Pradhan Alias Kunu Pradhan, involved in Crime

No.161/2025 registered at Police Station – Bagbahra, District :

Mahasamund (C.G.) for the offence punishable under Section 20 (B) of

The Narcotics Drugs and Psychotropic Substances Act, 1985, 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 trea