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2026 DAILYLAW 15238 (CHH)

OM PRAKASH BANJARE v. STATE OF CHHATTISGARH

MCRC/189/2026 · 2026-01-08

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Judgment text

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1 2026:CGHC:1421 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 189 of 2026 1. Om Prakash Banjare S/o Harilal Banjare, Aged About 30 Years R/o Chicha Sector 7, Satnami Para, New Raipur, P.S. Mandir Hasaud, Distt. Raipur (C.G.) 2. Pankaj Dahariya, S/o Khumaan Singh, Aged About 23 Years R/o Mandir Hasaud, Dist. Raipur (C.G.) 3. Israil Khan, S/o Shahadat Khan, Aged About 18 Years R/o Uparwara, Ward No. 10, Abhanpur, Dist. Raipur (C.G.) ... Applicants versus State of Chhattisgarh Through Station House OfÏcer, P.S. Rajim, Dist. Gariyaband (C.G.) ... Non-applicant For Applicants : Ms. Anamika Jain, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.01.2026 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. 186/2025 registered at Police Station–Rajim, District – Gariyaband (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution case, on 26.06.2025 Police Station-Rajim, Dist. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.09 18:11:05 +0530 2 Gariyaband received a tip, following up on which seizure of 12.365 kg of ganja was seized from the applicant no.1 Omprakash Banjare, 12.160 kg of ganja was seized from the applicant no.2 Pankaj Dahariya & from applicant no. 3 Israil Khan 10.290 KG ganja was seized. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case and the alleged contraband article were not seized from the possession of the present applicants. She submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He further submits that the present applicants have no criminal antecedent and the are in jail since 26.06.2025, conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the present applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has already been submitted before the competent Court in the present case. She further submits that the total quantity of contraband article i.e. 34.815 Kgs of Ganja, were recovered from the joint possession of the present applicants, which is much above the commercial quantity and as such, the applicants are not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that the contraband article which has been seized from the joint possession of the present applicants is much above the commercial quantity and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicants – Om Prakash Banjare, Pankaj Dahariya and Israil Khan, involved in Crime No. 3 186/2025 registered at Police Station–Rajim, District – Gariyaband (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce 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 Abhishek