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2026 DAILYLAW 35469 (CHH)

SHAHID ALI v. STATE OF CHHATTISGARH

MCRC/8368/2026 · 2026-09-08

Shri Parth Prateem Sahu

body2026

Judgment text

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1 CGHC010345312026 2026:CGHC:39542 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8368 of 2026 Shahid Ali S/o Rahmat Ali Aged About 29 Years R/o Bamhnidih, Distt.- Janjgir-Champa (C.G.) ... Applicant Versus State Of Chhattisgarh Through Police Station Singhoda, District- Mahasamund (C.G.) ... Non-Applicant For Applicant : Mr. Gagan Pandey, Advocate For Non-Applicant : Mr. Amit Buxy, Govt. Advocate. SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 09/09/2026 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 65/2025 registered at Police Station – Singhoda, District - Mahasamund Chhattisgarh for the offences punishable under Sections 20(b), 29(1) of the NDPS Act and Section 125(a), 281, 3(5) & 303(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 25 of the Arms Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.09.11 14:52:52 +0530 2 2. The prosecution case, in brief, is that on 07.08.2025, the police received information regarding a motor accident. Upon reaching the spot, police found that a Scorpio vehicle bearing registration No. CG-12-BF-4655, allegedly driven rashly and negligently, had dashed against a Hero Splendor motorcycle, causing injuries to its rider, Digambar Patel. During checking of the vehicles, police found that the accused persons were allegedly transporting 30 kg of ganja in two vehicles, namely the Scorpio and an Ertiga bearing registration No. CG-04-LM-0358. Total eight accused persons were charge-sheeted, including one juvenile. Four accused persons were occupants of the Scorpio, three were occupants of the Ertiga, while Manish Kumar Patel was subsequently made an accused in the charge-sheet. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. Learned counsel further submits that the co-accused persons, who were facing identical allegations and charges, have already been granted regular bail by the co-ordinate Bench, and the applicant stands on an identical footing. He further submits that the applicant has been in jail since 07.08.2025 and that the trial is likely to take considerable time. Therefore, it is prayed that the applicant may kindly be enlarged on regular bail. 4. Learned State counsel opposes the prayer for grant of bail and submits that, from the material available in the charge-sheet, there is direct involvement of the applicant in the commission of the alleged crime. He further submits that the charge-sheet has already been filed and applicant has no criminal antecedents. 3 5. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the applicant, and further taking into account the period of detention, as the applicant has remained in jail since 07.08.2025, the charge-sheet has been filed, the applicant has no criminal antecedents, trial is likely to take some time, without commenting anything on the merits of the case, I am inclined to allow this application for grant of bail. 7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned 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 andin order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date 4 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. (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. Certified copy as per rules. SdSd/-/-Sd/- (Parth Prateem Sahu) Judge vaibhav