SANTOSH SHANKRARRAO BAWANKAR vs STATE OF CHHATTISGARH

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CGHC010300202026 2026:CGHC:38907
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7069 of 2026
Santosh Shankrarrao Bawankar S/o Shankarao Bawankar Aged About
50 Years R/o Chimur Gond Mohalla, P.S. Chimur, Dist. Chandrapur,
Maharashtra.
... Applicant
versus
State Of Chhattisgarh Through- Station House Officer (S.H.O.) P.S.-
Nagarnar, Dist. Bastar, C.G.
... Non-Applicant
For Applicant : Shri Ashutosh Biswas, Advocate.
For Non-Applicant : Miss Monika Thakur, PL.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
02/09/2026
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 applicant who has been arrested in connection with Crime
No.58/2026 registered at Police Station Nagarnar, District Bastar
(C.G.) for the offence under Section 20 (B) of the NDPS Act.
Digitally
signed by
KRISHNA
KUMAR
BARVE
Date:
2026.09.02
19:57:53
+0530
KRISHNA
KUMAR
BARVE

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2. The prosecution case, in brief, is that the concerned Police had
received information from the informant and on the basis of said
information, a raid was conducted on 30.04.2026 and 10.952 kg of
Ganja was seized from a white and blue vimal pan Masala bag
the contraband was found in two packets wrapped in muddy cello
tape. The prosecution alleges that contraband was seized from
the joint possession of the applicant and co-accused Akhil
Mohammad Sheikh. Thereafter, the case has been registered
against the applicant and other co- accused persons. Hence the
bail application.
3. It has been argued by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in the crime.
The quantity of contraband seized from joint possession of the
applicant and co-accused is less than commercial quantity. The
applicant does not have any criminal antecedent. The applicant
is in jail since 30.4.2026. Therefore, the applicant may be
released on bail.
4. On the other hand, learned counsel appearing for the State/non-
applicant would oppose the bail application and submit that the
applicant does not have any criminal antecedent, and the charge
sheet has been submitted against the applicant.
5. I have heard learned counsel appearing for the parties and
perused the case diary.

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6. Taking into consideration the facts and circumstances of the case,
and the fact that the charge sheet has already been submitted
against the applicant, quantity of contraband seized from joint
possession of the applicant and co-accused is less than
commercial quantity, the applicant does not have any criminal
antecedent, which is mentioned in the bail application, the
applicant is in jail since 30.4.2026 and conclusion of trial is likely
to take some time, this Court is of the view that the applicant is
entitled to be released on bail in the present case. Accordingly,
the Application is allowed .
7. Let the Applicant – Santosh Shankrarrao Bawankar, involved in
Crime No.58/2026 registered at Police Station Nagarnar, District
Bastar (C.G.) for the offence under Section 20 (B) of the NDPS
Act, be released on bail on furnishing 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 their counsel. In case of his absence,
without sufficient cause, the trial court may proceed
against them 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

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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
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
Barve