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CGHC010333222026
2026:CGHC:39376 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC
No.
8269
of 2026
• Mahendra Kunjam S/o Hiralal Kunjam Aged About 25 Years Resident Of Jaisakara, Police Station- Charama, District- Kanker (C.G.)
... Applicant versus • State Of Chhattisgarh Through- Station House Officer, Police Station- Balod (Wrongly Mentioned as P.S.- Purur), District- Balod (C.G.) ... Non-applicant For Applicant : Mr. Roshan Singh Lamba, Advocate For State : Mr. Amit Buxy, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 08/09/2026
1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 58/2026 registered at Police Station – Balod, District Balod (C.G.) for offence punishable under Section 20B of the NDPS Act.
2. Case of prosecution in brief is that on 30.01.2026, based on a secret information received from the informer, that a Passion Pro motor cycle having its registration no CG -19B6418 coming from Charama to Balod, caring
"Ganja", police has seized 4.082 Kg. of Ganja from three accused persons, applicant and other co-accused persons were arrested. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA
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3.
Learned counsel for applicant submits that applicant has not committed any offence, he has been falsely implicated in the crime. Allegedly 4.08 kg of ganja (cannabis) has been shown to have been seized from three accused persons. Applicant is in jail since 30.01.2026. Charge-sheet has been filed, trial may take some time and therefore, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission of learned counsel for applicant and would submit that there is one more criminal antecedent against applicant of the year 2020 in which applicant was convicted for the offence under Section 20-B of the NDPS Act. 5. I have heard learned counsel for the parties. 6. On due consideration of the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, quantity of ganja (cannabis) recovered from applicant, and that the charge-sheet has been filed, trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing bail bond in the sum of ₹ 25,000/- with one surety in like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) 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. (c) 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.
3 / 3 (d) 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) pwn
JUDGE