[Cites 2, Cited by 0]
Chattisgarh High Court
Lavkush Berman @ Deepak vs State Of Chhattisgarh on 11 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:11726
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
GOURI MCRC No. 697 of 2026
MUDALIAR
Lavkush Berman @ Deepak S/o Tejilal Berman Aged About 21 Years R/o
Digitally signed
by GOURI Ward No. 17, Sakri Mohalla, Sihoraroad, P.S. Khitaula, District Jabalpur
MUDALIAR
Date: 2026.03.12
11:57:12 +0530
(M.P.)
... Applicant
versus
State Of Chhattisgarh Through - Station House Officer, Police Station G.R.P.
Raipur, District Raipur (C.G.)
... Respondent
For Applicant : Shri B.L. Sahu, Advocate.
For : Ms. Sameeksha Gupta, PL.
Respondent/State
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
11/03/2026
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.130/2025,
registered at Police Station - G.R.P. Raipur, District Raipur (C.G.) for
the offence punishable under Section 20(b)(ii)(B) of the N.D.P.S. Act.
2. The prosecution story, in brief, is that the concerned police station
G.R.P. Raipur, received secret information through the informant that
on 31.10.2025, unknown person has kept illegal contraband ganja to
sale at near Railway platform No. 7 foot over bridge and police has
seized 5.100 kg. contraband ganja from place of incident at open place
and as a result thereof, police has registered offence publishable under
section 20(b)(ii)(B) of the N.D.P.S. Act against the applicant.
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
also submitted that from the possession of the applicant intermediate
quantity of the psychotropic substance ganja has been 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 only 5.100
kg of Ganja has been seized. It is further submitted that charge sheet
has been filed, he is in jail since 31/10/2025 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 in the
present case and there is no criminal antecedent of the applicant in the
State of Madhya Pradesh. It is submitted that a total of 5.100 kg 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 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 Ganja seized from the
possession of the applicant i.e. a total of 5.100 kg, which is less than
the commercial quantity, also considering the fact that charge-sheet
has been filed, there is no criminal antecedent of the applicant in the
State of Madhya Pradesh, further that the applicant is in jail since
31/10/2025 and the conclusion of the trial is likely to take sometime,
therefore 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 and it is directed that the
Applicant-Lavkush Berman @ Deepak involved in Crime No.
130/2025, registered at Police Station - G.R.P. Raipur, District Raipur
(C.G.) for the offence punishable under Section 20(b)(ii)(B) of the
N.D.P.S. 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 send a certified copy of this order to the trial Court
concerned for necessary information and compliance forthwith.
Sd/-
Sd/-
(Ramesh Sinha)
Chief Justice
gouri
