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. 1The 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. 1–2The 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. 3The State opposed bail, relying on the alleged recovery and nature of the offence.
Source reference: para. 4Issues
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, 5–6Law 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. 1In 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. 6Reasoning
The Court weighed the alleged seizure of 3 kilograms of ganja against the circumstances favouring release.
Source reference: para. 4, 6It 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, 6On that basis, it found that he deserved regular bail notwithstanding the State’s opposition.
Source reference: para. 4, 6Holding
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. 7Bail 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. 7Acts & 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
Original Court PDF
BHAVESH BHAI NAYI @ BHAVESH MOHAN BHAI UMATvsSTATE OF CHHATTISGARH
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