[Cites 2, Cited by 0]
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
RAJSHEKHAR with the assistance of learned State counsel.
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
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
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
