Chhattisgarh High CourtCriminal LawCriminal Procedure and Evidence

Man Accused Of Carrying 8.46 Kg Ganja Gets Bail As Chhattisgarh HC Cites Filed Chargesheet, No Criminal Antecedents

AJAY SARTHIv.STATE OF CHHATTISGARH

Man Accused Of Carrying 8.46 Kg Ganja Gets Bail As Chhattisgarh HC Cites Filed Chargesheet, No Criminal Antecedents. AJAY SARTHI vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
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In brief

The question

Whether the applicant should be released on regular bail in the NDPS prosecution, having regard to the filing of the charge-sheet and his lack of criminal antecedents.

The court held

The Court allowed the application and directed the applicant’s release on a personal bond of ₹25,000 with one surety for the like sum, to the satisfaction of the trial court.

It also directed

Bail was subject to conditions concerning adjournments when witnesses are present, attendance before the trial court, and personal appearance on specified trial dates; the order also prescribed consequences for non-compliance.

01Facts

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a prosecution under Section 20(b) of the NDPS Act.

¶ 1–6

The prosecution alleged that, during rural patrolling on 19 August 2026, police intercepted the applicant riding a motorcycle and seized eight packets containing 8.460 kg of ganja.

¶ 1–6

He was arrested that day.

¶ 1–6

His first bail application had been withdrawn with liberty to apply afresh after the charge-sheet was filed.

¶ 1–6

In the present application, the applicant denied possession and submitted that he had no criminal antecedents; the State did not dispute the absence of antecedents.

¶ 1–6

The charge-sheet had been filed by the time of the hearing.

¶ 1–6

02Issues

i.Whether the applicant should be released on regular bail in the NDPS prosecution, having regard to the filing of the charge-sheet and his lack of criminal antecedents.

¶ 3–6

03Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was the statutory basis for the application for regular bail; Section 20(b) of the NDPS Act was the provision under which the applicant was charged.

¶ 1

The Court identified no precedent or further legal test in its reasoning.

It considered the filing of the charge-sheet and the absence of criminal antecedents as relevant circumstances in deciding the application.

¶ 6

Provisions in the judgment · 6 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483Section 84Section 351

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 20

Bharatiya Nyaya Sanhita, 2023 Section 269Section 209

04Reasoning

The Court considered the competing submissions, the case materials, and the fact that the charge-sheet had been filed.

¶ 4–6

It also took account of the applicant’s lack of criminal antecedents, which the State did not dispute.

¶ 4–6

On those circumstances, and without expressing any view on the merits of the case, the Court found it appropriate to grant bail.

¶ 4–6

05Holding

The Court allowed the application and directed the applicant’s release on a personal bond of ₹25,000 with one surety for the like sum, to the satisfaction of the trial court.

¶ 7

Bail was subject to conditions concerning adjournments when witnesses are present, attendance before the trial court, and personal appearance on specified trial dates; the order also prescribed consequences for non-compliance.

¶ 7(a)–(d)
Chhattisgarh High Court

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AJAY SARTHIvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · November 04, 2026

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