Extracted from the PDF above. The PDF is authoritative.
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CGHC010364212026
2026:CGHC:42075
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9153 of 2026 1 - Loknath Nayak S/o Somnath Nayak Aged About 25 Years R/o Kakudiyam P.S. Maidalpur District Navrangapur (Odisha)
... Applicant versus 1 - State Of Chhattisgarh Through The Police Station Devbhog, District Gariyabandh (C.G.)
… Non - applicant For Applicant : Mr. Karan Kumar Baharani, Advocate For Non-applicant /State : Mr. Vivek Sharma, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28/09/2026
1. The applicant has preferred this second bail application 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. 363/2023 registered at Police Station Devbhog, District Gariyabandh (C.G.) for the offence punishable under Section 20(b)(ii-c) of NDPS Act. 2
2. The prosecution case, in brief, is that on 01/10/2023, police received a secret information and conducted raid on account of which, 20 kgs of ganja was seized from the possession of the present applicant. Therefore, the aforesaid crime was registered against him. 3. The first bail application filed by the applicant bearing MCRC No. 3167 of 2024 was allowed vide order dated 02/05/2024 passed by this Court wherein certain conditions were imposed. As per condition No. (ii), the applicant was required to remain present before the learned trial Court on each date fixed, either personally or through his counsel. 4. Mr. Karan Kumar Baharani, learned counsel for the applicant would submit that the applicant could not appear before the learned trial Court on the dates fixed due to certain unavoidable circumstances. It is further submitted that the applicant has now surrendered before the learned trial Court on 03.08.2026 and is ready & willing to comply with all the conditions imposed by this Court and to remain present before the learned trial Court on each date fixed. He would pray for grant of bail to the present applicant. 5. On the other hand, Mr. Vivek Sharma, learned counsel for the State, would oppose the bail application and submit that the applicant has continuously failed to appearbefore the learned trial Court since 22.11.2024 and has flouted the condition No. (ii) imposed in the earlier bail order. It is further submitted that an arrest warrant was issued against the applicant and he subsequently surrendered on 03.08.2026.
He further submits that
3 20 kg of Ganja was seized from the possession of the applicant and there is a risk of flight, therefore, the present bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the material available on record. 7. It appears that the applicant failed to appear before the learned trial Court since 22.11.2024, and therefore, an arrest warrant was issued on 29.05.2025. In between, the applicant herein never appeared before the learned trial Court and subsequently, he surrendered on 03.08.2026. 8. Having considered the fact that 20 kgs of Ganja was seized from the possession of the present applicant, there is a risk of flight and the applicant has flouted the condition given in the bail order passed in MCRC No. 3167 of 2024 dated 02/05/2024, therefore, I am not inclined to allow this application. 9. Accordingly, instant bail application is hereby rejected. However, learned Trial Court is directed to make all endeavour to conclude the trial expeditiously. Sd/-
(Rakesh Mohan Pandey)
JUDGE Harneet