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2026:CGHC:13769 Digitally signed by VAISHALI VAISHALI LUCKY NAFR LUCKY NAGARIA

NAGARIA Date:

2026.03.24

17:17:57 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 1332 of 2026 • Hardeep Kumar S/o Pritam Chand Bogal Aged About 36 Years R/o

Near Pahado Chak Pani Tanki, P/s Taragarh, Dholowal, Gurdaspur, District Pathankot, Pubjab.

... Applicant(s)

versus • State of Chhattisgarh Through S H O P/s Amanaka, Raipur,

Chhattisgarh.

... Respondent(s)

(Cause title is taken from Case Information System)

For Applicant(s) : Mr. Lukesh Kumar Mishra, Advocate For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

23.03.2026

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. 356/2025, registered at Police Station – Amanaka, District – Raipur (C.G.) for the offence punishable under Section 21(B), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the

NDPS Act.

2. The prosecution story, in brief, is that the concerned police officer of

p/s Amanaka, Raipur C.G., received classified information where-

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after Heroin (chitta) while conducting raid he seized 34.60 grams of Cannabis from the joint possession of the present applicant and the co-accused. After arrest, the applicant was presented before the concerned trial court which remanded him to judicial custody. The applicant is in custody since 03.11.2025 and the fact that the applicant has been remanded to judicial custody makes it apparent that there is no need of custodial interrogation. Further, the investigation is complete, charge sheet has been filed and the trial in under way which also makes it clear that no fruitful purpose can be fulfilled by keeping the applicant behind bars. Hence this application.

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 34.60 grams of Cannabis from the joint possession of the present applicant and the co-accused. It is further submitted that there are no any criminal antecedents of the applicant, and he is in jail since 03.11.2025 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 are no any criminal antecedents of the applicant. It is submitted that a total of 34.60 grams of Cannabis from the joint possession of the present applicant and the co-

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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 possession of the applicant i.e. a total of 34.60 grams of Cannabis from the joint possession of the present applicant and the co-accused Also considering the fact that charge-sheet has been filed, and further that the applicant is in jail since 03.11.2025 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. Let the applicant, Hardeep Kumar involved in Crime No. 356/2025,

registered at Police Station – Amanaka, District – Raipur (C.G.) for the offence punishab