[Cites 4, Cited by 0]
Chattisgarh High Court
Rikesh @ Ritesh Singh vs State Of Chhattisgarh on 8 May, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:21673
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 4320 of 2026
1.
Rikesh @ Ritesh Singh S/o Shri Pampeshwar Singh Aged About 21
Years R/o Village- Saloni, Ward No. 12, Shitlapara, Thana- Jalbandha,
Digitally
signed by
Distt.- Khairagarh-Chhuikhadan-Gandai (C.G.) (Applicant Name
ABHISHEK
ABHISHEK
SHRIVAS
SHRIVAS
Date:
2026.05.08
Correctly Mentioned)
19:01:41
2. Domeshwar Singh S/o Shri Pawan Singh Aged About 22 Years R/o
+0530
Village- Saloni, Ward No. 12 Bhathapara, Thana- Jalbandha, Distt.-
Khairagarh-Chhuikhadan-Gandai (C.G.)
... Applicants
versus
State of Chhattisgarh Through Station House Officer Police Station-
Rajim, Distt.- Gariyaband (C.G.)
... Non-applicant
For Applicants : Mr. Rajendra Patel, Advocate.
For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
08.05.2026
1. This is the first bail application filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants
who have been arrested in connection with Crime No. 19/2026 registered
at Police Station Rajim, District Gariyaband (C.G.) for the offence under
Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act,
1985.
2. The prosecution story, in brief, is that on 19.01.2026, the police of Police
Station Rajim received secret information to the effect that two persons
were transporting contraband ganja from Gandhinagar towards Rajim
River Bridge. Upon receiving such information, the police recorded the
Rojnamcha Sanha, called independent witnesses, constituted a search
team, and proceeded to the spot. Thereafter, the police intercepted the
vehicle, informed the accused persons about the secret information,
conducted a search, and allegedly seized 19.690 kg of contraband ganja
wrapped with plastic tape. It is further alleged that, after complying with
the mandatory provisions relating to search and seizure, the police
weighed the seized ganja, prepared the Dehati Nalishi, arrested the
applicants, deposited the seized articles in the Malkhana, registered the
FIR, and, after completion of the investigation, filed the charge-sheet.
3. It has been argued by learned counsel for the applicants that the
applicants have been falsely implicated in this case. He further submits
that prosecution agency has not followed the provisions under Section 42
of the NDPS Act and not taken search warrant from the superior
authority. He also submits that from the possession of the applicants
intermediate quantity of Ganja was 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 joint possession of the applicants 19.690 of Ganja was
seized. It is further submitted by the learned counsel for the applicants
that the applicants have no criminal antecedents under the NDPS Act
and they are in jail since 19.01.2026 and conclusion of the trial is likely to
take quite long time. Therefore, he prays for grant of regular bail to the
applicants.
4. On the other hand, learned counsel appearing for the State/non-applicant
would oppose the bail application and submit that the charge-sheet has
been filed in the present case before the competent Court and also
endorse the said submission that the applicants have no criminal
antecedents under the NDPS Act.
5. I have heard learned counsel appearing for the parties and perused the
case diary.
6. Taking into consideration the facts and circumstances of the case that
the contraband article i.e. 19.690 Kgs of Ganja was recovered from the
joint possession of the applicants, which is less than commercial
quantity. Moreover, the present applicants have no criminal antecedents
under the NDPS Act. Also considering the fact that the charge-sheet has
been filed in the present case before the competent Court and the
applicants are in jail since 19.01.2026, conclusion of the trial may take
some time, therefore, this Court is of the view that the applicants are
entitled to be released on bail in this case.
7. Let the Applicants - Rikesh @ Ritesh Singh and Domeshwar Singh,
involved in Crime No. 19/2026 registered at Police Station Rajim, District
Gariyaband (C.G.) for the offence under Sections 20(b) of the Narcotic
Drugs and Psychotropic Substances Act, 1985, be released on bail on
furnishing personal bond with two sureties each in the like sum 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 Bharatiya Nyaya Sanhita.
(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
fail 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 the Bharatiya Nyaya Sanhita.
(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.
8. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information and compliance.
- Sd/-
(Ramesh Sinha)
Chief Justice
Abhishek
