1 2026:CGHC:5031 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9877 of 2025 Balkishan Behera S/o Babru Behera Aged About 19 Years R/o Near Durga Gudi Bus Stand Malkangiri, P.S. And District Malkangiri Odisha ... Applicant versus State Of Chhattisgarh Through The Police Station Kondagaon District Kondagaon Chhattisgarh ... Respondent For Applicant : Shri Pravin Kumar Tulsyan, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.298/2025 registered at Police Station Kondagaon, District Kondagaon (C.G) for the offence punishable under Section 20(B) of Narcotic Drugs And Psychotropic Substances Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.30 18:35:06 +0530 2 2. Case of the prosecution, in brief, is that on 07.09.2025, the police of Police Station Kondagaon, District Kondagaon, received confidential information at about 07:00 that a white Baleno car bearing registration No. CG05/AT/3674, being driven at a high speed and in a manner endangering human life, had hit motorcycle riders Devnath Netam and Likhtaram Sodi from behind, resulting in an accident in which they died. It was further informed that four persons were travelling in the said Baleno car, which thereafter fell into a roadside drain and was damaged. They were allegedly carrying illegal Cannabis weighing 14.300 kgs in the rear trunk of the vehicle. The Police have arrested the accused on the basis of their memorandum statement made the present applicant an accused and arrested him and there after due investigation filed the charge sheet 3. Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in this case on the basis of memorandum statement of co-accused. He would submit that the co- accused namely Lokesh Goyal who was the owner of the vehicle in question has already been enlarged on bail by this Court in MCRC No.9518 of 2025 on 24/11/2025 & co-accused persons namely Anurag Soni, Vikas Dhruv @ Aloo & Rahul Tamrakar have also been enlarged on bail by this court in MCRC No. 9661 of 2025 on 27/11/2025. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 20/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case 3 before the competent court. She would submit that the applicant has no criminal antecedent in the State of Odisha. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, further the fact that the applicant has been implicated on the basis of memorandum statement of co-accused, also considering the fact that the co-accused namely Lokesh Goyal who was the owner of the vehicle in question has already been enlarged on bail by this Court in MCRC No.9518 of 2025 on 24/11/2025 & co-accused persons namely Anurag Soni, Vikas Dhruv @ Aloo & Rahul Tamrakar have also been enlarged on bail by this court in MCRC No. 9661 of 2025 on 27/11/2025, applicant has no previous criminal antecedents in the State of Odisha, period of detention of the applicant since 20/09/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Balkishan Behera, involved in Crime No.298/2025 registered at Police Station Kondagaon, District Kondagaon (C.G) for the offence punishable under Section 20(B) of Narcotic Drugs And Psychotropic Substances 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 shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence 4 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 shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant 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 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 in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri