1 CGHC010341442026 2026:CGHC:39352 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8256 of 2026 Ramkhilawan Vishwakarma S/o Harprasad Vishwakarma Aged About 28 Years R/o Village - Khairaduban, P.S. Pali, District Korba Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Baloda, District Mahasamund Chhattisgarh ... Respondent For Applicant : Shri Prahalad Panda, Advocate. For Respondent/State : Shri H.A.P.S. Bhatia, PL. SB: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 08/09/2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 74/2024 registered at Police Station Baloda, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.09.09 19:40:02 +0530 2 Mahasamund Chhattisgarh for the offence punishable under Section 20(B) of N.D.P.S. Act. The first bail application was dismissed on merits vide order dated 27/01/2025. 2. Case of the prosecution, in brief, is that, on 22.09.2024 the Police officers on the basis of a secret information has taken into possession 5 kg 300 gram Ganja from two accused persons namely Sahas Ram Vishwakarma and Ramkhilawan Vishwakarma from the place of Forest Naka, Sirpur and it has been alleged that they were illegally transporting Ganja, on the basis of above report police arrested the present applicant and co-accused for offence under section 20(B) of N.D.P.S. Act. 3. Learned counsel for the applicant would submit that after dismissal of the first bail application, the seizure witnesses have been examined and they have not supported the case of the prosecution. He also submits that there are as many as 15 enlisted witnesses, out of which only five witnesses were examined till 25/07/2026, applicant is in jail since 09/11/2024 and conclusion of trial may take some time, hence he be enlarged on bail. 4. On the other hand, learned State counsel would oppose the submission of learned counsel for the applicant and he would submit that the applicant was found transporting the contraband ganja on a motorcycle along with co-accused Sahasram Vishwakarma, however seeing the police, the applicant fled away 3 from the spot. He would submit that there is one more case of similar nature registered against the applicant. 5. At this stage, learned counsel for the applicant submits that co- accused Sahasram Vishwakarma from whose possession the contraband ganja was seized has been enlarged on bail. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, nature of allegation, period of detention of the applicant since 09/11/2024 and also considering the fact that trial is likely to take some time for its conclusion, without entering into merits of the case, I am inclined to allow this second bail application. 8. Accordingly, the second bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (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. 4 (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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Parth Prateem Sahu) Judge gouri