1 CGHC010252392026 2026:CGHC:28191 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6023 of 2026 Mahendra Tandan S/o Sudharam Tandan Aged About 45 Years R/o Lalkhadan, near to The Chowkse College from Darrighat Chowk, Police Station- Torwa, District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station- Jutemill, District - Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Dhirendra Prasad Mishra, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.07.2026 1. This is the Second 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. 381/2024 registered at Police Station - Jutemill, District - Raigarh (C.G.) for the offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The first bail application of the applicant was rejected on merits by this Court in MCRC No. 958 of 2026 vide order dated 29.01.2026. 3. The prosecution case, in brief, is that on 28.08.2024, acting on information received from an informer, Inspector Mohan Bhardwaj of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.09 18:19:13 +0530 2 Police Station Jutemill conducted a raid near the Kodatarai Airstrip within the jurisdiction of Police Station Jutemill, District Raigarh. During the raid, two sacks containing contraband ganja were seized from a white Alto car bearing registration No. CG-13/AS-6967, and three sacks containing contraband ganja were seized from a Tata S Gold vehicle bearing registration No. CG-13/AM-2987. In all, 175 kilograms of narcotic drug (ganja), allegedly being transported for the purpose of sale, was recovered and seized in the presence of independent witnesses. Consequently, Crime No. 381/2024 was registered under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the matter was taken up for investigation. It is further alleged that, on the basis of the memorandum statement of the accused, Santram Khunte, two vehicles, six mobile phones, and cash were seized. During the course of the investigation, the other accused persons, namely, Bhagwat Sahu, Deepak @ Nanhu Bhardwaj, Vyomkesh @ Vyoma, and Kishore Sahu, were also found to have been involved in the alleged smuggling of ganja. The accused persons were arrested, and upon completion of the investigation, a charge sheet was filed before the competent Court. 4. Learned counsel for the applicant submits that this is the second bail application. The first bail application filed by the applicant was rejected on merits by this Court vide order dated 29.01.2026 passed in MCRC No. 958 of 2026. He further submits that, after rejection of the first bail application, the applicant preferred SLP (Crl.) No. 3160 of 2026 before the Hon'ble Apex Court. The Hon'ble Apex Court, while dismissing the said appeal vide order dated 25.02.2026, granted liberty to the applicant to renew his prayer for bail in the event that the material witnesses were not examined within a period of four months from the date of the said order. He submits that, despite the lapse of four months from the said 3 order, only 15 out of the 22 prosecution witnesses have been examined till date. He further submits that the applicant has no criminal antecedents and has been in judicial custody since 28.08.2024. As the conclusion of the trial is likely to take some more time, he prays that the applicant be enlarged on regular bail. 5. On the other hand, learned counsel appearing for the State/non-applicant opposed the bail application of the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, particularly the liberty granted by the Hon'ble Apex Court to renew the prayer for bail in the event that the material witnesses were not examined within four months, and the fact that, despite the lapse of the said period, only 15 out of 22 prosecution witnesses have been examined, coupled with the fact that the applicant has no criminal antecedents, the charge- sheet has already been filed, and the applicant has been in judicial custody since 28.08.2024, while the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on regular bail. 8. Let the Applicant - Mahendra Tandan, involved in Crime No. 381/2024 registered at Police Station - Jutemill, District - Raigarh (C.G.) for the offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 4 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. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of four months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 5 10.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 Abhishek