Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 27420 (CHH)

DEVCHARAN RATRE v. STATE OF CHHATTISGARH

MCRC/4093/2026 · 2026-07-14

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010169472026 2026:CGHC:29988 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4093 of 2026 1. Devcharan Ratre S/o Late Nilaker Ratre Aged About 46 Years R/o Village And Police Station Blouda, District Janjgir-Champa, Chhattisgarh 2. Kishore Raoutiya S/o Amrut Raoutiya Aged About 25 Years R/o Village Petupali, Police Station Melchhamunda, District Bargadh Odisa (Correctly Mention As Per F I R) … Applicants versus State of Chhattisgarh Through Station House Officer, Police Station Singhoda, District Mahasamund, Chhattisgarh ... Non-Applicant For Applicants : Mr. Divyansh Shukla, Advocate. For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.07.2026 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as they have been arrested in connection with Crime No. 34/2026, registered at Police Station - Singhoda, District - Mahasamund (C.G.) for the offence punishable under Sections 20(B)II B and 29(1) of the Narcotic Drugs and Psychotropic Substance Act, 1985. 2. The prosecution case, in brief, is that on 30.03.2026, the police received PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.16 11:37:55 +0530 2 secret information regarding the transportation of contraband and, acting upon the said information, intercepted a motorcycle bearing Registration No. CG-11-AZ-3766. It is further alleged that one person was found carrying a contraband substance (ganja), and approximately 6 kilograms of ganja was seized. However, the said recovery was not made from the conscious possession of the present applicants. The alleged contraband was seized, a seizure memo was prepared at the spot, the applicants were taken into custody, and an FIR was registered against them. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He further submits that applicants has no previous criminal antecedents and they are in jail since 30.03.2026, the charge-sheet has been filed and trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed. He further submits that total quantity of 6 kilograms of ganja was recovered from the joint possession of the applicants which is intermediate in quantity and also endorse the fact that the applicants have no previous criminal antecedents. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicants and the fact that total quantity of 6 kg of ganja was recovered from the joint possession of the applicants, which is intermediate in quantity and the applicants have no criminal antecedents, the charge-sheet has been filed and the applicants are in jail since 30.03.2026 and the conclusion of the trial is likely to take quite long time, I am inclined to grant bail to the applicants. 3 7. Accordingly, the bail application is allowed. Let the applicant Nos. 1 and 2 - Devcharan Ratre and Kishore Raoutiya, respectively involved in Crime No. 34/2026, registered at Police Station - Singhoda, District - Mahasamund (C.G.) for the offence punishable under Sections 20(B)II B and 29(1) of the Narcotic Drugs and Psychotropic Substance Act, 1985, be released on bail on his furnishing a personal bond with two sureties for applicant No.1 and two local sureties for applicant No.2 in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 4 of the trial court absence of the applicants are 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 them 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 forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti