CHAMAN @ BASANT CHANDRAVANSHI v. STATE OF CHHATTISGARH
MCRC/6219/2026 · 2026-07-12
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DailyLaw.ai
[ 2026 DAILYLAW 26414 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 26414 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
CGHC010264832026
2026:CGHC:29349
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.6219 of 2026 Chaman @ Basant Chandravanshi S/o Shri Johan Chandravanshi Aged About 24 Years R/o Village- Mohatrakala Thana - Pandatarai District - Kabirdham (C.G.)
... Applicant versus State Of Chhattisgarh Through- Police Station Saraypali District- Mahasamund (C.G.)
... Non-applicant _____________________________________________________ For Applicant :Mr. Vikas Pandey, Advocate. For Non-applicant/State :Ms. Ritika Verma, PL. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 13.07.2026
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.150/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.14 10:49:04 +0530
2 Station – Saraypali, District Mahasamund (C.G.), for the offence under Section 20(ख) of the NDPS Act.
2. Briefly stated, case of the prosecution is that on 05.05.2026, on receiving a secret information that a person was carrying a huge quantity of ganja on his motorcycle bearing registration No.CG-09-JL-5200 from the Singhora side towards Saraipali, a search procedure was conducted after recording the information and complying with the mandatory formalities. The Applicant/accused was intercepted near Baitari Tiraha while he was riding the said motorcycle. Upon search, a plastic sack kept on the motorcycle was found containing ganja. On weighing, the contraband was found to be 9.690 kilograms of ganja, which was seized vide seizure memo. Since the Applicant failed to produce any valid document regarding possession or transportation of the contraband, he was arrested on the same day and sent for judicial remand. Hence this application.
3.
Learned Counsel for the Applicant submits that the Applicant is innocent, he has been falsely implicated in the present case and is behind the bars since 05.05.2026. It is contended that even if the entire prosecution story is taken at its face value, the offence under Section 20(b) of the NDPS
3 Act is not made out against the Applicant. It is further submitted that the alleged contraband was not seized from the exclusive possession of the Applicant and the mandatory provisions of the NDPS Act have not been duly complied with by the prosecution. He further submits that the alleged quantity of ganja is below commercial quantity and conclusion of trial is likely to take considerable time, therefore, the Applicant may be granted bail. 4. On the other hand, learned Counsel for the State opposes the bail application and fairly submits that there are no previous criminal antecedents against the present Applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the quantity of contraband allegedly seized, which is less than commercial quantity, the period of custody of the Applicant since 05.05.2026, the fact that the trial is likely to take considerable time for its conclusion and without expressing any opinion on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 7. Let Applicant- Chaman @ Basant Chandravanshi involved
4 in Crime No.150/2026 registered at Police Station – Saraypali, District Mahasamund (C.G.), for the offence under Section 20(ख) of the NDPS Act be released on bail on his furnishing a 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 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. 5
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