Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 34100 (CHH)

SANTOSH SHANKRARRAO BAWANKAR v. STATE OF CHHATTISGARH

MCRC/7069/2026 · 2026-09-01

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010300202026 2026:CGHC:38907 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7069 of 2026 Santosh Shankrarrao Bawankar S/o Shankarao Bawankar Aged About 50 Years R/o Chimur Gond Mohalla, P.S. Chimur, Dist. Chandrapur, Maharashtra. ... Applicant versus State Of Chhattisgarh Through- Station House Officer (S.H.O.) P.S.- Nagarnar, Dist. Bastar, C.G. ... Non-Applicant For Applicant : Shri Ashutosh Biswas, Advocate. For Non-Applicant : Miss Monika Thakur, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02/09/2026 1. This is the first 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.58/2026 registered at Police Station Nagarnar, District Bastar (C.G.) for the offence under Section 20 (B) of the NDPS Act. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.09.02 19:57:53 +0530 2 2. The prosecution case, in brief, is that the concerned Police had received information from the informant and on the basis of said information, a raid was conducted on 30.04.2026 and 10.952 kg of Ganja was seized from a white and blue vimal pan Masala bag the contraband was found in two packets wrapped in muddy cello tape. The prosecution alleges that contraband was seized from the joint possession of the applicant and co-accused Akhil Mohammad Sheikh. Thereafter, the case has been registered against the applicant and other co- accused persons. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The quantity of contraband seized from joint possession of the applicant and co-accused is less than commercial quantity. The applicant does not have any criminal antecedent. The applicant is in jail since 30.4.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant does not have any criminal antecedent, and the charge sheet has been submitted against the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicant, quantity of contraband seized from joint possession of the applicant and co-accused is less than commercial quantity, the applicant does not have any criminal antecedent, which is mentioned in the bail application, the applicant is in jail since 30.4.2026 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. 7. Let the Applicant – Santosh Shankrarrao Bawankar, involved in Crime No.58/2026 registered at Police Station Nagarnar, District Bastar (C.G.) for the offence under Section 20 (B) of the NDPS Act, 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 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 4 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. 8. 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