[Cites 2, Cited by 0]
Chattisgarh High Court
Ramchandra Madi vs State Of Chhattisgarh on 13 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16974
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1582 of 2026
Ramchandra Madi S/o Kamlu Madi Aged About 20 Years R/o Kailipari, P.S.
Korukonda, District - Malkangiri, Odisha.
... Applicant
versus
State of Chhattisgarh Through P.S. Bodhghat, District - Bastar, Chhattisgarh.
... Non-Applicant
For Applicant : Mr. Vikash A. Shrivastava, Advocate.
For Non-Applicant/State : Mr. Saurabh Sahu, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
Digitally
signed by
PREETI
PREETI KUMARI 13.04.2026
KUMARI Date:
2026.04.15
10:35:41
+0530
1.
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. 530/2025, registered
at Police Station - Bodhghat, District - Bastar (C.G.) for the offence
punishable under Sections 20(B)(ii)(b) of the Narcotic Drugs and
Psychotropic Substances Act, 1985, for short, the NDPS Act.
2. As per the prosecution case, Sub-Inspector Lalit Singh Negi of Police
Station Bodhghat, acting on the basis of information received from an
informant, allegedly recovered contraband from a black-colored bag in
the joint possession of the accused. The seized substance, described as
charas/ganja oil/hashish, was found packed in 10 packets of different
colored plastic wrappers and was weighed using an electronic weighing
scale. The weight of the packets was recorded as follows: Packet No. 01
- 1.001 kg, Packet No. 02 - 0.997 kg, Packet No. 03 - 1.113 kg, Packet
No. 04 - 1.017 kg, Packet No. 05 - 1.048 kg, Packet No. 06 - 1.015 kg,
Packet No. 07 - 1.045 kg, Packet No. 08 - 1.103 kg, Packet No. 09 -
1.011 kg, Packet No. 10 - 1.046 kg. Thus, a total quantity of 10.396
kilograms of illegal contraband ganja was seized from the possession of
the accused.
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
further submitted that the charge-sheet has been filed and there is no
previous criminal antecedents of the applicant and he is in jail since
21.11.2025 and the 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, the learned counsel for the State opposes the bail
application and submits that a total quantity of alleged contraband
substance which has been recovered from the possession of the
applicant, is less than the commercial quantity and also endorse the fact
that the applicant has no previous criminal antecedents.
5. I have heard learned counsel for the parties and perused the material
available on record.
6. After hearing the submissions advanced by learned counsel for the
parties as well as considering the quantity of alleged contraband
substance which has been recovered from the possession of the
applicant, is less than the commercial quantity, also considering the fact
that charge-sheet has been filed and there is no previous criminal
antecedents, further, that the applicant is in jail since 21.11.2025 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. Accordingly, the bail application is allowed. Let applicant -
Ramchandra Madi involved in Crime No. 530/2025, registered at Police
Station - Bodhghat, District - Bastar (C.G.) for the offence punishable
under Sections 20 (B)(ii)(b) of the Narcotic Drugs and Psychotropic
Substances Act, 1985, for short, the NDPS Act, be released on bail on
his furnishing a personal bond with 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
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 provide a certified copy of this order to the trial Court
concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Preeti
