Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:4797
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9724 of 2025 1 - Ghanshyam Sao S/o Dharnidhar Sao Aged About 37 Years Resident Of Bhairopur, Post- Devri, P.S. Sankra, District- Mahasamund Chhattisgarh. 2 - Ronu Naik S/o Tejraj Naik Aged About 19 Years Resident Of Jogimunda, P.S. Patnagarh, District- Balagir Orissa (Detail Of The Applicants Have Mentioned As Per Challan)
... Applicants versus 1 – State of Chhattisgarh Through- Station House Officer, Police Station Lawan District- Balodabazarbhatapara (C.G.)
... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. C.R. Sahu, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 28.01.2026
1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.370/2025, registered at Police Station – Lawan, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 20(b) of the NDPS Act. 2. The case of the prosecution, is that concerned police station received VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.30 11:08:53 +0530
2 secret information through the informant that on the date of incident, unknown persons have kept illegal contraband ganja in their possession to sale at house of the main accused person and police has seized 13.848 kg contraband ganja from the house of main accused Keshav Prasad Sahu and as a result FIR has been registered. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that no contraband article has been seized from the possession of the applicants and from the possession of the co- accused person only 13.848 Kgs of Ganja has been seized. It is further submitted that there are no any criminal antecedents of the applicants, and he is in jail since 19.09.2025 and co-accused persons namely Keshav Prasad Sahu has already been granted bail by this Court in MCRC No.9955 of 2025 vide order dated 05.12.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants on the ground of parity. 4.
On the other hand, the learned counsel for the State opposes the bail application and submits that applicant No.2 is resident of the State of Orisssa and the charge-sheet has been filed in the present case and there are no any criminal antecedents of the applicants. It is submitted that a total of 13.848 Kgs of Ganja has been recovered from the possession of the applicants and co-accused person. 5. I have heard learned counsel for the parties and perused the material available on record. 3
6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Ganja seized from the possession of the applicants and co-accused persons i.e. total of 13.848 Kgs, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed, co-accused persons namely Keshav Prasad Sahu has already been granted bail by this Court in MCRC No.9955 of 2025 vide order dated 05.12.2025 and further that the applicants are in jail since 19.09.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicants are entitled to be released on bail in this case on the ground of parity. 7. Let applicants, Vikram Yadav and Deepak Manikpuri, involved in Crime No.370/2025, registered at Police Station – Lawan, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 20(b) of the NDPS Act, be released on bail on his furnishing a personal bond with two sureties and for applicant No.2 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 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
4 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice vaishali