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2026 DAILYLAW 28759 (CHH)

ASHOK KUMAR PATRA v. STATE OF CHHATTISGARH

MCRC/5692/2026 · 2026-07-22

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1 CGHC010240442026 2026:CGHC:31514 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5692 of 2026 1 - Ashok Kumar Patra S/o Manoranjan Patra, Aged About 43 Years Permanent R/o Village - Itapatua, Police Station - Baliapal, District - Baleshwar, Odisha P I N - 756026 Presently Resideng - Village - Kevtara, Block - Tilda, Shaguna Foods Pvt. Ltd., Police Station - Kharora, District - Raipur Chhattisgarh. (Particulars Of The Applicant Is Mentioned Correctly And Wrongly Mentioned In Order Impugned) ... Applicant(s) versus 1 - State of Chhattisgarh Through - Police Station - Kharora, District - Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Anmol Sharma, Advocate For Respondent(s)/State : Mr. S.S. Baghel, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.07.2026 RUCHI YADAV Digitally signed by RUCHI YADAV 2 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the applicant, who is in judicial custody in connection with Crime No. 227/2026 registered at Police Station Kharora, District Raipur (Chhattisgarh), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution case, in brief, is that on 08.05.2026, based on a written complaint submitted by Govind Kurre and Poshan Kurre, residents of Village Kevatra, alleging illegal cultivation of cannabis plants by the applicant, Ashok Kumar Patra, the Manager of Shatruna Foods Pvt. Ltd., the police conducted a raid after complying with the mandatory provisions of the NDPS Act. During the search of the factory premises, three cannabis plants were allegedly found growing near the boundary wall. The plants were uprooted, weighed, and found to have a total weight of 4.760 kg (including leaves, stems, and roots). The contraband was seized in accordance with law, following which Crime No. 227/2026 was registered at Police Station Kharora, District Raipur, for the offence punishable under Section 20(b) of the NDPS Act. After completion of the investigation, the charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that there is no direct evidence to establish the 3 applicant's involvement in the alleged offence. The applicant has been in judicial custody since 08.05.2026. It is also submitted that the charge-sheet has already been filed. Since the conclusion of the trial is likely to take considerable time, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the report regarding the criminal antecedents of the applicant from the State of Odisha, as directed by this Court vide order dated 29.06.2026, has not yet been received. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the nature of allegations, the quantity of the seized contraband, the fact that the applicant is in judicial custody since 08.05.2026, the charge-sheet has already been filed and, therefore, further custodial interrogation is not required and the conclusion of the trial is likely to take considerable time, this Court is of the opinion that, without commenting on the merits of the case, the applicant has made out a case for grant of regular bail. Accordingly, the bail application is allowed. 7. Let the Applicant – Ashok Kumar Patra involved in Crime No.- 227/2026 registered at Police Station Kharora, District Raipur (Chhattisgarh), for the offence punishable under Section 20(b) of 4 the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing 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 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 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. 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 Ruchi