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2026 DAILYLAW 25042 (CHH)

SMT. TEEJKUNVAR MUJARIYA v. STATE OF CHHATTISGARH

MCRC/5942/2026 · 2026-07-05

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Judgment text

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1 CGHC010254542026 2026:CGHC:27708 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5942 of 2026 Smt. Teejkunvar Mujariya W/o Shri Devendra Mujariya Aged About 34 Years R/o Village Kasari, Chowki Mohara, P.S. Dongargarh, District Rajnandgaon Chhattisgarh (Details Incompletely Mentioned In The Order Sheet) ... Applicant versus State Of Chhattisgarh Through Station House Officer (S H O) P.S. Dongargarh, District Rajnandgaon Chhattisgarh ... Non-Applicant For Applicant : Miss Jyoti Roy, Advocate. For Non-Applicant : Miss Palak Dwivedi, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06/07/2026 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 applicant who has been arrested in connection with Crime No.170/2026 registered at Police Station Dongergarh, District Rajnandgaon (C.G.) for offence under Sections 20 (a) of the KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.07 18:56:48 +0530 2 NDPS Act, 1985. 2. Case of the prosecution is that the applicant was found cultivating 28 Cannabis plants (Ganja) in the Bari adjoining to her house at village Kasari, Chowki Moharam, PS Dongergarh, without any authority or licence, on the basis of which FIR was registered. Hence this bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. The alleged contraband was seized from the open land near the drainage. The applicant is a lady and owner of small shop. The entire case is based on alleged cultivation of Cannabis plants in an open Bari adjoining to her house, which is accessible to others. The applicant is in jail since 7.4.2026, investigation has already been completed, charge sheet has also been filed and the trial is at the initial stage, as no prosecution witness has been examined so far. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application. However, she submits that there are 6 cases registered against the applicant. Hence, the applicant may not be released on bail. 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 and the fact that the applicant is in jail since 7.4.2026, 3 investigation has already been completed, charge sheet has also been filed, and conclusion of trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Smt. Teejkunvar Mujariya, involved in Crime No.170/2026 registered at Police Station Dongergarh, District Rajnandgaon (C.G.) for offence under Section 20 (a) of the NDPS Act, be released on bail on furnishing personal bond with two 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 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 4 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 concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Barve