Chattisgarh High Court
Tobo Dewar @ Sahil vs State Of Chhattisgarh on 27 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:14476
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2852 of 2026
Tobo Dewar @ Sahil S/o Millu @ Omkar Aged About 25 Years R/o Subhash
Nagar Dewar Para, P.S. Telibandha, Raipur, (C.G.)
... Applicant
versus
State Of Chhattisgarh Through- Station House Officer, Police Station-
Telibandha, Raipur, District - Raipur (C.G.)
---- Non-applicant
For Applicant : None.
For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
27.03.2026
1.None appears nor any representation is made on behalf of the applicant on repeated calls, but considering the fact that the applicant RAJSHEKHAR SONI is in jail since 25.06.2025, this Court proceeds to finally hear the matter Digitally signed by RAJSHEKHAR with the assistance of learned State counsel. SONI
2. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 386/2025, registered at Police Station - Telibandha, Raipur, District - Raipur (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act.
3. The prosecution story, in brief, is that a secret information was received 2 by the Police of Police Station - Telibandha, Raipur, District - Raipur (C.G.) through the informant and on the basis of such information, the Police has seized a total of 2.600 Kgs of Ganja from the possession of the applicant. Thereafter, the applicant was arrested by the Police and the aforesaid offence has been registered.
4. Learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case and there are no any criminal antecedents of the applicant. It is submitted that a total of 2.600 Kgs of Ganja has been recovered from the possession of the applicant, therefore, this bail application is liable to be rejected.
5. I have heard learned State counsel and perused the material available on record.
6. After hearing the submissions advanced by learned State counsel as well as considering the quantity of Ganja seized from the possession of the applicant i.e. a total of 2.600 Kgs, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed, and further that the applicant is in jail since 25.06.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case.
7. Let the applicant, Tobo Dewar @ Sahil, involved in Crime No. 386/2025, registered at Police Station - Telibandha, Raipur, District - Raipur (C.G.) for the offence punishable under Section 20(B) of the NDPS Act, 1985, be released on bail on their furnishing a personal bond with two heavy sureties in the like sum to the satisfaction of the 3 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 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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment.
9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha) Chief Justice Rajshekhar