[Cites 2, Cited by 0]
Chattisgarh High Court
Mohammad Rasool Baba vs State Of C.G on 15 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:17266
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1965 of 2026
Mohammad Rasool Baba S/o Mohammad Pasha Aged About 23 Years, R/o 1-
70 Vellugomulla Mandal Midjil Thana Midjil District- Mahbubnagar, Telangana
Present Add. Thana Achmpet District- Nagarkurnool Telangana
... Applicant
versus
State of C.G. Through P.S. Konta, District - Sukuma C.G.
... Non-Applicant
For Applicant : Mr. Vikas Shrivastava, Advocate.
For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Digitally
signed by
PREETI
Order on Board
PREETI KUMARI
KUMARI Date:
2026.04.16
11:38:50
15.04.2026
+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. 39/2025, registered at
Police Station - Konta, District - Sukuma (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 story, on 04/11/2025, it is stated that ASI of P.S.
Konta received secret information that two individuals were standing near
the border of Chhattisgarh and Andhra Pradesh and were waiting to
board a bus travelling from Konta to Hyderabad. Upon receiving the said
information, and after following the mandatory procedures prescribed
under the NDPS Act, the police officials of P.S. Konta apprehended the
present applicant along with a co-accused person. They were found to be
in unlawful possession of Ganja weighing 16.300 kilograms.
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
04.11.2025 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 the charge-sheet has been filed. He further
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 04.11.2025 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 -
Mohammad Rasool Baba involved in Crime No. 39/2025, registered at
Police Station - Konta, District - Sukuma (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
her 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 her 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
