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Judgment
The applicants have preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 379/2026, registered at Police Station Torwa District Bilaspur Chhattisgarh for the offence punishable under Section 15B, 18C and 22B of the NDPS Act.
The prosecution case in brief is that on 12.07.2026, on the basis of secret information received by the police, the police party intercepted the accused persons at Mahamand Bypass Road, ahead of Hanuman Temple, Police Station Torwa, District Bilaspur. Upon search, a total of 3.264 kilograms of alleged contraband Poppy Straw was recovered from a yellow-violet coloured plastic bag allegedly kept in the joint possession of the applicants along with co-accused Manmohan Singh Kalle @ Mona and Surjeet Singh. Accordingly, the aforesaid offences was registered and all the accused persons were arrested on 12.07.2026.
Learned counsel appearing for the applicants would submit that the applicants have falsely been implicated in the present case and they are innocent. He would further submit that the applicant No. 1 has one criminal antecedents under the Chhattisgarh Excise Act and applicant No. 2 has no criminal antecedents. He would further submits that the co-accused persons have already been granted bail by this court vide order dated 21.09.2026 in MCRC No. 7800/2026. Learned counsel would further submit that the applicant is in jail since 12.07.2026 and the trial is likely to take considerable time to conclude; thus, he would pray that the applicants may be enlarged on regular bail.
On the other hand, learned State counsel would opposes the prayer for grant of bail and submits that the alleged contraband Poppy Straw weighing 3.264 kilograms was recovered from the joint possession of the applicants along with the co-accused, is below the commercial quantity, but the manner in which the crime has been committed, the applicants have not entitled for grant of bail.
I have heard the learned counsel for the parties and perused the case diary.
Having considered the facts and circumstances of the case, the nature and gravity of the offences alleged against the applicants, the quantity of contraband allegedly recovered from their joint possession along with the co-accused, which is below the commercial quantity, the fact that the applicants are in custody since 12.07.2026, and the fact that the charge-sheet has already been filed before the competent Court, and further considering that the co-accused persons have already been granted bail by this Court in MCRC No. 7800/2026, applicant No. 1 has one criminal antecedent under the Excise Act, applicant No. 2 has no criminal antecedents, and the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicants deserve to be released on regular bail.
Accordingly, the bail application of the applicants is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :-
They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court;
They shall not act in any manner which will be prejudicial to fair and expeditious trial, &
They shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.
The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits.