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2026 DAILYLAW 13969 (CHH)

NIRANJAN KHILO v. STATE OF CHHATTISGARH

MCRC/10191/2025 · 2026-01-21

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Judgment text

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1 2026:CGHC:3977 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.10191 of 2025 Niranjan Khilo S/o Mannu Khilo Aged About 24 Years R/o Village- Satiguda, P.S. Jaypur Sadar, District Koraput (Odisha) --- Applicant versus State Of Chhattisgarh Through Police Station Nagarnar, District Bastar C.G. --- Non-applicant ________________________________________________________ For Applicant :Mr. Ashish Gangwani, Advocate. For Non-applicant/State :Ms. Monika Thakur, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.01.2026 1. The applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.194/2025 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.01.24 13:25:48 +0530 2 Station – Nagarnar, District Bastar (C.G.), for the offence under Section 20(B) of NDPS Act. 2. The case of the prosecution is that on receiving information from the informer on 01.09.2025, Police Station Nagarnar District- Bastar C.G. police has recovered 10.265 KG of Ganja/Drugs from the possession of the applicant. Hence, this application. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. It is Submitted that the applicant was not carrying the unclaimed drugs found at the alleged Chokawada Nagarnar Chowk for sale, he was arrested and charged after the police suspected someone else of possessing the drugs, claiming they belonged to Odisha and when he objected, he was charged in the case without following any mandatory provision, he is in jail since 01.09.2025, conclusion of trial is likely to take quite a long time, therefore, he may be released on bail. 4. On the other hand, learned State Counsel opposes the bail. However, she submits that there are no previous criminal antecedents against the present applicants. 5. I have heard learned counsel for the parties and perused the 3 case diary. 6. Considering the overall facts and circumstances of the case, submission of learned Counsel for the parties, further considering that the applicant was not carrying the unclaimed drugs and he is not having any previous criminal antecedents, further considering his pre-trial detention and without further commenting anything on merits, I am inclined to grant bail to the applicant. Accordingly, the application is allowed. 7. Let applicant- Niranjan Khilo involved in Crime No.194/2025 registered at Police Station – Nagarnar, District Bastar (C.G.), for the offence under Section 20(B) of NDPS Act be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant/s shall file an undertaking to the effect that he/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 applicant/s shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his/their absence, without sufficient cause, the trial court may proceed against him/them 4 under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s 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 opinion of the trial court absence of the applicant/s 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 him/them in accordance with law. 8. 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 Priya