1 CGHC010327332026 2026:CGHC:38618 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8057 of 2026 Mohammad Washim S/o Barkat Mohammad Aged About 43 Years R/o Jogidipa P.S. Kotwali, Distt. Raigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - City Kotwali, Distt. Raigarh Chhattisgarh ... Non-Applicant For Applicant : Shri Amit Verma, Advocate. For Non-Applicant : Miss Monika Thakur, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01/09/2026 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.278/2026 registered at Police Station City Kotwali, District Raigarh (C.G.) for the offence under Sections 20 (B) and 29 of the NDPS Act. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.09.01 20:00:34 +0530 2 2. This is the 2nd bail application on behalf of the applicant. The earlier bail application preferred by the applicant was rejected on the ground that the applicant has 21 criminal antecedents and the applicant has not offered any explanation for the same, vide order dated 22.7.2026 passed in MCRC No.6467/2026. 3. The prosecution case, in brief, is that on 25.05.2026 a secret information was received by the concerned police stating that co- accused Irshad Khan has kept contraband in his possession and on the basis of the secret information; search was made and seized 6.168 Ganja from his House and on the basis of his memorandum present applicant has been arrested. Hence the bail application. 4. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The applicant has 21 criminal antecedents under the IPC, Excise Act, Gambling Act and BNS, out of which 18 cases have already been disposed of and only 3 cases are pending. The applicant is in jail since 25.5.2026. Therefore, the applicant may be released on bail. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant has 21 criminal antecedents under the IPC, Excise Act, Gambling Act and BNS, out of which 18 cases have already been disposed of and only 3 cases are pending, and the charge sheet 3 has been submitted against the applicant. Therefore, the bail application may be rejected. 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, and the fact that the charge sheet has already been submitted against the applicant, applicant has 21 criminal antecedents under the IPC, Excise Act, Gambling Act and BNS, out of which 18 cases have already been disposed of and only 3 cases are pending, which is mentioned in the bail application, the applicant is in jail since 25.5.2026. and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. Accordingly, the Application is allowed. 8. Let the Applicant – Mohammad Washim, involved in Crime No.278/2026 registered at Police Station City Kotwali, District Raigarh (C.G.) for the offence under Sections 20 (B) and 29 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 4 law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 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. 9. 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