Chhattisgarh High Court
Criminal LawCriminal Procedure and Evidence

Regular bail warranted for intermediate-quantity ganja possession where the charge-sheet is filed and trial is likely to take time.

BHAVESH BHAI NAYI @ BHAVESH MOHAN BHAI UMAT vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: October 08, 20262 MIN READSOURCE JUDGMENT
Regular bail warranted for intermediate-quantity ganja possession where the charge-sheet is filed and trial is likely to take time.. BHAVESH BHAI NAYI @ BHAVESH MOHAN BHAI UMAT vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 91/2026, registered under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Source reference: para. 1

The prosecution alleged that police, acting on secret information, apprehended the applicant near Royal Dhaba on 17 July 2026 and seized 3 kilograms of ganja from his possession.

Source reference: para. 1–2

The applicant denied conscious possession and alleged false implication, while submitting that the seized quantity was intermediate, the charge-sheet had been filed, he had no criminal antecedents, and he had been in custody since 18 July 2026.

Source reference: para. 3

The State opposed bail, relying on the alleged recovery and nature of the offence.

Source reference: para. 4
02

Issues

Whether the applicant should be released on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in light of the alleged seizure and the circumstances of the case

Source reference: para. 1, 5–6
03

Law Applied

The Court considered the application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for regular bail, in a prosecution under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Source reference: para. 1

In assessing bail, it considered the nature and gravity of the alleged offence, the quantity of contraband, the applicant’s criminal antecedents, the filing of the charge-sheet, the period of custody, and the likely time required to conclude the trial.

Source reference: para. 6
04

Reasoning

The Court weighed the alleged seizure of 3 kilograms of ganja against the circumstances favouring release.

Source reference: para. 4, 6

It treated the quantity as intermediate, noted that the applicant had no criminal antecedents and that the charge-sheet had been filed, and considered his custody since 18 July 2026 and the likelihood of delay before trial concludes.

Source reference: para. 4, 6

On that basis, it found that he deserved regular bail notwithstanding the State’s opposition.

Source reference: para. 4, 6
05

Holding

The Court allowed the bail application.

It directed that the applicant be released on a personal bond of ₹50,000 with one surety for the same amount, to the satisfaction of the trial Court.

Source reference: para. 7

Bail is subject to conditions prohibiting interference with witnesses or the fair and expeditious trial, and requiring the applicant to attend each date fixed by the trial Court until disposal of the case.

Source reference: para. 7
06

Acts & Sections Cited

2 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.

Bharatiya Nagarik Suraksha Sanhita, 20231

Narcotic Drugs and Psychotropic Substances Act, 19851

Chhattisgarh High Court

Original Court PDF

BHAVESH BHAI NAYI @ BHAVESH MOHAN BHAI UMATvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · October 08, 2026

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