[Cites 1, Cited by 0]
Chattisgarh High Court
Ramakumar Khande vs State Of Chhattisgarh on 17 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12759
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1527 of 2026
1.
Ramakumar Khande S/o Ramlal Khande Aged About 34 Years R/o
Village Sonbarsa, P.S. Balouda, District Janjgir-Champa, C.G.
2. Ajay Diwakar S/o Kamod Diwakar Aged About 28 Years R/o Village
Sonbarsa, P.S. Balouda, District Janjgir-Champa, C.G.
--- Applicants
versus
State of Chhattisgarh Through The Police Station Sariya, District Sarangarh-
Bilaigarh, C.G.
--- Non-Applicant
Digitally
signed by
PREETI
PREETI KUMARI
KUMARI Date:
2026.03.18
Sahodra Dahariya Son Of Santosh Dahariya Aged About 29 Years Caste -
12:44:43
+0530
Satnami, Resident of Village Amartal Gatepara, Post - Tilai, P.S. - Akaltara,
District - Chhattisgarh.
--- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Sariya,
District - Sarangarh-Bilaigarh, Chhattisgarh.
--- Non-Applicant
For Applicants (in MCRC No. :Mr. Ankit Singh, Advocate.
1527/2026)
For Applicant (in MCRC No. :Mr. Banhiman Roy, Advocate.
1981/2026)
For Non-Applicant/State :Mr. Shubham Bajpai, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
17.03.2026
1. Since the above-mentioned two bail applications arise out of same crime
number, they are clubbed and heard together and are being disposed of
by this common order.
2. These are the First bail applications filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
applicants who have been arrested in connection with
Crime No. 08/2026 registered at Police Station - Sariya, District -
Sarangarh-Bilaigarh for the offence punishable under Section 20 (B) of
Narcotic Drugs and Psychotropic Substance Act, 1985.
3. As per the prosecution story, in brief, 07.01.2026, the police received
information from an informant that certain unknown persons were
transporting illegal contraband in their vehicle, a Black Pulsor Motorcycle
bearing registration No. CG11BG4857. Acting on the said information,
the police seized 7.250 kg of contraband ganja from possession of the
applicants at the place of incident, prepared the seizure memo, and
registered the offence against the applicants for the alleged offence
punishable under Section 20(B) of the N.D.P.S. Act thereafter police has
been registered case offence under section 20(B) of NDPS ACT.
4. Learned counsel for the applicants submits that the applicants are
innocent and have been falsely implicated in that case. They also submits
that the alleged contraband Ganja has not been recovered from exclusive
possession of the applicants, further, the applicants have no previous
criminal antecedents, further the charge-sheet has been filed and they
are in jail since 07.01.2026 and 09.02.2026. Hence, they prays for grant
of bail.
5. Learned State counsel opposes the bail application and submits that the
charge-sheet has already been filed in the present case. He further
submits that the contraband article seized from the present applicants is
below commercial quantity. It is also submitted that one of the applicants,
namely, Ramkumar Khande, has a previous criminal antecedent under
Istagasa, whereas the remaining applicants have no prior criminal
antecedents.
6. I have heard learned counsel for the State and perused the material
available on record.
7. Considering the facts and circumstances of the case, nature and gravity
of allegation made against the applicants and the fact that the contraband
article which has been seized from the present applicants, is less than
the commercial quantity, further one of the applicants, namely,
Ramkumar Khande, has a previous criminal antecedent under Istagasa,
whereas the remaining applicants have no prior criminal antecedents, the
charge-sheet has been filed in the present case before the competent
Court and the applicants are in jail since 07.01.2026 and 09.02.2026,
therefore, this Court is of the view that the applicants are entitled to be
released on bail in this case.
8. Accordingly the bail applications are allowed. Let the applicant Nos. 1
and 2 - Ramkumar Khande and Ajay Diwarkar (MCRC No.
1527/2026), Sahodra Dahariya (MCRC No. 1981/2026) involved in
Crime No. 08/2026 registered at Police Station - Sariya, District -
Sarangarh-Bilaigarh for the offence punishable under Section 20 (B) of
Narcotic Drugs and Psychotropic Substance Act, 1985, be released on
bail on their furnishing a personal bond with two sureties each in the
like amount to the satisfaction of the court concerned with the following
conditions:-
(i) The applicants shall file an undertaking to the effect that
they 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 applicants shall remain present before the trial court on
each date fixed, either personally or through their counsel. In
case of their absence, without sufficient cause, the trial court
may proceed against them under Section 269 of BNS.
(iii) In case, the applicants misuse the liberty of bail during trial
and in order to secure their presence proclamation under
Section 84 of BNSS is issued and the applicants fails to
appear before the court on the date fixed in such proclamation,
then, the trial court shall initiate proceedings against them, in
accordance with law, under Section 209 of BNS.
(iv) The applicants 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 applicants are 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 them in
accordance with law.
9. Office is directed to send a certified copy of this order to the trial Court
concerned forthwith for necessary information and compliance.
Sd/-
(Ramesh Sinha)
Chief Justice
Preeti
