[Cites 3, Cited by 0]
Chattisgarh High Court
Ataulla Khan vs State Of Chhattisgarh on 13 April, 2026
1
2026:CGHC:16975
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1576 of 2026
Ataulla Khan S/o Sanaulla Khan Aged About 42 Years R/o Village Ward No. 11
Sarakar Nagar Purana Bazar Dhadak Mohalla, Thana Rolar Bhadrak, District
Bhadrak (Odisa)
... Applicant
versus
State of Chhattisgarh Through Station House Officer, Police Station Singhoda,
District - Mahasamund (Chhattisgarh)
... Non-Applicant
For Applicant : Ms. Anjali Pradhan, Advocate.
For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer.
Digitally
signed by
PREETI
PREETI KUMARI Hon'ble Shri Ramesh Sinha, Chief Justice
KUMARI Date:
2026.04.15
10:48:34
+0530 Order on Board
13.04.2026
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. 5/2025, registered at
Police Station - Singhoda, District - Mahasamund (C.G.) for the offence
punishable under Sections 20(b) and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985, for short, the NDPS Act.
2. As per the prosecution's case, on 16.01.2025 at about 11:40 hours, the
police personnel of Police Station Singhora received secret information
that certain individuals had stored illicit contraband (ganja) in a Toyota
Corolla car bearing registration No. MH-06/AB-3307. It was further
informed that three persons were escorting/piloting the said vehicle in
another car bearing registration No. OD-02/CZ-8252. Acting upon the
said information, the police reached the spot and recovered 41 kilograms
of ganja from the Toyota Corolla (MH-06/AB-3307), which was found in
possession of the co-accused persons. The present applicant has also
been implicated in the case on the allegation that he was piloting the said
vehicle. Consequently, an offence has been registered against the
applicant along with the co-accused persons, and a charge-sheet has
been filed.
3. The learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. It is further
contended that a co-accused, namely Anjan Kumar Mohanty, has already
been granted bail by the Hon'ble Supreme Court vide order dated
19.01.2026 in SLP (Crl.) No. 18677/2025, a copy of which has been
annexed as Annexure A/3. It is also submitted that the charge-sheet has
been filed, the applicant has no prior criminal antecedents, and he has
been in judicial custody since 16.01.2025. Considering that the trial is
likely to take a considerable amount of time to conclude, it is prayed that
the applicant be granted regular bail.
4. On the other hand, the learned counsel for the State opposes the bail
application but could not dispute the fact that the co-accused person has
been granted bail by the Hon'ble Supreme Court.
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 fact that charge-sheet has been filed
and there is no previous criminal antecedents, further, a co-accused,
namely Anjan Kumar Mohanty, has already been granted bail by the
Hon'ble Supreme Court vide order dated 19.01.2026 in SLP (Crl.) No.
18677/2025, a copy of which has been annexed as Annexure A/3, and
the applicant is in jail since 16.01.2025 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 -
Ataulla Khan, involved in Crime No. 5/2025, registered at Police Station
- Singhoda, District - Mahasamund (C.G.) for the offence punishable
under Sections 20(b) and 29 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
