SUNIL KASHYAP vs STATE OF CHHATTISGARH

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CGHC010327812026 2026:CGHC:38359
NAFR
KUNAL
DEWANGAN
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by
KUNAL
DEWANGAN
MCRC No. 7982 of 2026
1 - Sunil Kashyap S/o Anant Ram Kashyap Aged About 28 Years R/o
Nanamur Pani Tanki Para, Police Station, Nanamur, District Bastar
Chhattisgarh
2 - Sagar Kashyap S/o Meghnath Kashyap Aged About 22 Years R/o
Village Naiguda School Para, Police Station Nanamur, District Bastar
Chhattisgarh
... Applicant(s)
versus
State Of Chhattisgarh Through Station House Officer, Police Station
Bodhgath, District Bastar Chhattisgarh
... Non-applicant(s)
For Applicants : Mr. Manish Nigam, Advocate.
For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
31.08.2026
1. This is the first bail application filed under Section 483 of the
Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to
the applicants who have been arrested in connection with Crime
No. 223/2026 registered at Police Station Bodhghat District - Bastar
(C.G.) for the offence under Section 20(b)(ii)(B) of the Narcotic

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Drugs and Psychotropic Substances Act, 1985.
2. As per the prosecution story, on the basis of secret information, the
police of Police Station Bodhghat searched the applicants and
allegedly recovered three packets containing Ganja, out of which
one packet was found inside a black-coloured backpack and two
packets wrapped with brown cellotape were found inside a maroon-
coloured backpack, all allegedly in the joint possession of the
applicants. The total quantity of Ganja allegedly seized was 15.110
kg, which is more than the small quantity prescribed under the
NDPS Act. Accordingly, Crime No. 223/2026 was registered at
Police Station Bodhghat against the applicants under the relevant
provisions of the NDPS Act.
3. Learned counsel for the applicants submit that the applicants have
been falsely implicated in this case and there is no direct evidence
against the present applicants. He further submits that that
prosecution agency has not followed the provisions under Section
42 of the NDPS Act and not taken search warrant from the superior
authority. He also submits that from the joint possession of the
present applicants, less than commercial 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 applicants
15.110 kgs of Ganja has been seized. He later submits that the
applicants have no criminal antecedents and they are in jail since
12.06.2026 and the conclusion of the trial is likely to take quite long

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time. Therefore, he prays for grant of regular bail to the applicants.
4. On the other hand, learned counsel appearing for the State/non-
applicant would oppose the bail application and submit that the
charge-sheet has been filed in the present case before the
competent Court and also endorse the said submission that the
applicants have no criminal antecedents and further the quantity of
contraband article which have been recovered from the joint
possession of the applicants, is less than commercial quantity.
However, looking to the seriousness of this case, the present
applicants are not entitled for grant of bail.
5. I have heard learned counsel appearing for the parties and perused
the case diary.
6. Taking into consideration the facts and circumstances of the case
that the charge-sheet has been filed in the present case before the
competent Court and the applicants have no criminal antecedents
and further the quantity of contraband article seized from the joint
possession of the applicants, is less than commercial quantity and
the applicants are in jail since 12.06.2026 and conclusion of the trial
may take some time, therefore, this Court is of the view that the
applicants are entitled to be released on bail in this case.
7. Accordingly, the application is allowed .
8. Let the Applicants – Sunil Kashyap and Sagar Kashyap, involved
in Crime No. 223/2026 registered at Police Station Bodhghat
District - Bastar (C.G.) for the offence under Section 20(b)(ii)(B) of
the Narcotic Drugs and Psychotropic Substances Act, 1985, be

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released on bail on furnishing personal bond with two sureties
each in the like sum to the satisfaction of the Court concerned with
the following conditions:-
(i) The applicants shall file an undertaking to the effect
that they 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 applicants shall remain present before the trial
court on each date fixed, either personally or through
their counsel. In case of their absence, without
sufficient cause, the trial court may proceed against
them under Section 269 of Bharatiya Nyaya Sanhita.
(iii) In case, the applicants misuses the liberty of bail
during trial and in order to secure their presence,
proclamation under Section 84 of BNSS. is issued
and the applicants fail to appear before the Court on
the date fixed in such proclamation, then, the trial
court shall initiate proceedings against them, in
accordance with law, under Section 209 of the
Bharatiya Nyaya Sanhita.
(iv) The applicants 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

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opinion of the trial court absence of the applicants 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 them in
accordance with law.
9. Office is directed to send a certified copy of this order to the trial
Court concerned for necessary information and compliance
forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Kunal