SHIVA NETAM @ BABAN vs STATE OF CHHATTISGARH

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CGHC010333372026 2026:CGHC:38859
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No.8152 of 2026
1 - Shiva Netam @ Baban S/o Ashok Netam Aged About 36 Years R/o
Mathkodawa, Para, Near Bharti Kirana, Stores, Changorabhatta, Police
Station D D Nagar District Raipur C. G.
Applicant (s)
versus
1 - State Of Chhattisgarh Through- The Station House Officer, Police
Station D D Nagar District Raipur C. G.
Respondent(s)
For Applicant (s) : Mr. Rohit Sharma, Advocate
For Respondent(s) : Mr. Soumya Rai, Dy. GA
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
02.09.2026
1. This is the second bail application filed under Section 483 of
Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail
to the applicant, who has been arrested in connection with Crime
No.618/2025, registered at Police Station D. D. Nagar, District
Digitally
signed
by R
NIRALA
Raipur (C.G.) for the offence punishable under Section 20 (b) of
NDPS Act.

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2. The first bail application of the applicant was dismissed on merits
vide order dated 30.04.2026 in MCRC No.3975/2026.
3. The case of the prosecution, in brief, is that on 29.12.2025 on the
basis of a secret information by the informant, the Police seized
1.977 kg of ganja from the possession of the applicant, thereafter
a case was registered against the accused and he was arrested.
4. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in crime in question. He
further submitted that the quantity of contraband is less than the
commercial quantity and the applicant has been acquitted in the
most of the criminal antecedents against him and in the offence
under Section 20 (B) of the NDPS Act, he has already been
acquitted. He further submitted that the applicant is in jail since
29.12.2025, charge sheet has been filed and trial is likely to take
quite long time for its conclusion, therefore, he prays that the
applicant be released on regular bail.
5. On the other hand, learned State counsel opposes the bail
application of the applicant and submits that there are 19 criminal
antecedents against the applicant as such he is a habitual
offender, therefore, he is not entitled to be released on bail.
6. I have heard learned counsel for the parties and perused all the
documents available on record.
7. Taking into consideration the facts and circumstances of the
case, nature of allegation and further considering that the

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quantity of contraband is less than the commercial quantity and
the the applicant has been acquitted in most of the criminal
antecedents against him and in the offence under Section 20 (B)
of the NDPS Act, he has already been acquitted and for the fact
that the applicant is in jail since 29.12.2025, charge sheet has
already been filed and conclusion of the trial is likely to take
some time, therefore, without commenting anything on the merits
of the case, I am inclined to allow this application.
8. Accordingly, the instant bail application of the applicant is
allowed.
9. Let the Applicant – Shiva Netam @ Baban , involved in Crime
No.618/2025, registered at Police Station D. D. Nagar, District
Raipur (C.G.) for the offence punishable under Section 20 (b) of
NDPS 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/her under Section 269 of Bharatiya
Nyaya Sanhita.

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(iii) In case, the applicant misuse the liberty of bail
during trial and in order to secure his/her 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 his/her, 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/her in accordance with law.”
10. 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
Nirala