[Cites 3, Cited by 0]
Chattisgarh High Court
Shrikant Mandal vs State Of Chhattisgarh on 10 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16626
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3287 of 2026
Shrikant Mandal S/o Shri Ganesh Mandal Aged About 33 Years R/o PV-100,
Jayram Nagar, Thana- Bande, Distt.- North Bastar Kanker (CG)
... Applicant
versus
State of Chhattisgarh Through- Station House Officer, Police Station- Bande,
Distt.- North Bastar Kanker (CG)
... Non-applicant
For Applicant : Mr. Sumit Shrivastava, Advocate.
For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer.
Digitally
signed by
ABHISHEK
ABHISHEK
SHRIVAS
SHRIVAS
Date:
Hon'ble Mr. Ramesh Sinha, Chief Justice
2026.04.10
17:00:13
Order on Board
+0530
10.04.2026
1.
This is the first bail application filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant
who has been arrested in connection with Crime No. 06/2026 registered
at Police Station Bande, District - North Bastar Kanker (C.G.) for the
offence under Section 20-B of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
2. The prosecution story, in brief, is that on 31.01.2026, officers of Police
Station Bande, District North Bastar Kanker, received secret information
from an informant to the effect that one person was coming from
Maharashtra, Morisko Village, to Bande on a Platina motorcycle bearing
registration No. CG-04-KV-7679, carrying contraband ganja for the
purpose of sale. Acting upon the said information, the police conducted a
search at PV 98, Dayanagar, and allegedly seized 2.050 kg of
contraband ganja, which was purportedly being transported for sale. The
applicant was arrested, and after completion of the investigation, the
charge sheet was filed.
3. It has been argued by learned counsel for the applicant that the applicant
has been falsely implicated in this case. He further submits that
prosecution agency has not followed the provisions under Section 42 of
the NDPS Act and not taken search warrant from the superior authority.
He also submits that from the possession of the possession of the
applicant intermediate quantity of Ganja was seized, and therefore, it will
not attract the rigors of Section 37 of the NDPS Act as the commercial
quantity of Ganja as prescribed under the schedule is more than 20 Kgs
and from the possession of the applicant 2.050 kgs of Ganja was seized.
It is further submitted by the learned counsel for the applicant that the
applicant has no criminal antecedents under the NDPS Act. He further
submits that the applicant is in jail since 31.01.2026, conclusion of the
trial is likely to take quite long time. Therefore, he prays for grant of
regular bail to the applicant.
4. On the other hand, learned counsel appearing for the State/non-applicant
would oppose the bail application and submit that the charge-sheet has
been filed in the present case before the competent Court and also
endorse the submission made by learned counsel for the applicant that
the applicant has no criminal antecedents.
5. I have heard learned counsel appearing for the parties and perused the
case diary.
6. Taking into consideration the facts and circumstances of the case that
the contraband article i.e. 2.050 Kgs of Ganja was recovered from the
possession of the applicant, which is less than commercial quantity.
Moreover, the present applicant has no criminal antecedents under
NDPS Act, also considering the fact that the charge-sheet has been filed
in the present case before the competent Court and the applicant is in jail
since 31.01.2026, conclusion of the trial may take some time, therefore,
this Court is of the view that the applicant is entitled to be released on bail
in this case.
7. Let the Applicant - Shrikant Mandal, involved in Crime No. 06/2026
registered at Police Station Bande, District - North Bastar Kanker (C.G.)
for the offence under Section 20-B of the Narcotic Drugs and
Psychotropic Substances Act, 1985, be released on bail on furnishing
personal bond with two 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 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.
- Sd/-
(Ramesh Sinha)
Chief Justice
Abhishek
