RAMKHILAWAN VISHWAKARMA vs STATE OF CHHATTISGARH

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GOURI
MUDALIAR

CGHC010341442026 2026:CGHC:39352
Digitally signed
by GOURI
MUDALIAR
Date: 2026.09.09
19:40:02 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8256 of 2026
Ramkhilawan Vishwakarma S/o Harprasad Vishwakarma Aged About
28 Years R/o Village - Khairaduban, P.S. Pali, District Korba
Chhattisgarh
... Applicant
versus
State Of Chhattisgarh Through The Station House Officer, Baloda,
District Mahasamund Chhattisgarh
... Respondent
For Applicant : Shri Prahalad Panda, Advocate.
For
: Shri H.A.P.S. Bhatia, PL.
Respondent/State

SB: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board
08/09/2026
1. This is the second bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail
to the applicant who has been arrested in connection with Crime
No. 74/2024 registered at Police Station Baloda, District

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Mahasamund Chhattisgarh for the offence punishable under
Section 20(B) of N.D.P.S. Act. The first bail application was
dismissed on merits vide order dated 27/01/2025.
2. Case of the prosecution, in brief, is that, on 22.09.2024 the Police
officers on the basis of a secret information has taken into
possession 5 kg 300 gram Ganja from two accused persons
namely Sahas Ram Vishwakarma and Ramkhilawan
Vishwakarma from the place of Forest Naka, Sirpur and it has
been alleged that they were illegally transporting Ganja, on the
basis of above report police arrested the present applicant and
co-accused for offence under section 20(B) of N.D.P.S. Act.
3. Learned counsel for the applicant would submit that after
dismissal of the first bail application, the seizure witnesses have
been examined and they have not supported the case of the
prosecution. He also submits that there are as many as 15
enlisted witnesses, out of which only five witnesses were
examined till 25/07/2026, applicant is in jail since 09/11/2024 and
conclusion of trial may take some time, hence he be enlarged on
bail.
4. On the other hand, learned State counsel would oppose the
submission of learned counsel for the applicant and he would
submit that the applicant was found transporting the contraband
ganja on a motorcycle along with co-accused Sahasram
Vishwakarma, however seeing the police, the applicant fled away

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from the spot. He would submit that there is one more case of
similar nature registered against the applicant.
5. At this stage, learned counsel for the applicant submits that co-
accused Sahasram Vishwakarma from whose possession the
contraband ganja was seized has been enlarged on bail.
6. I have heard learned counsel for the parties and perused the
materials available on record.
7.
Taking into consideration the facts and circumstances of the case,
submission of learned counsel for the parties, materials available
on record, nature of allegation, period of detention of the applicant
since 09/11/2024 and also considering the fact that trial is likely to
take some time for its conclusion, without entering into merits of
the case, I am inclined to allow this second bail application.
8.
Accordingly, the second bail application is allowed. It is directed
that the applicant shall be released on regular bail, upon
furnishing a bail bond in the sum of Rs.25,000/- with one surety in
the like sum to the satisfaction of the Court on the conditions that-
(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.

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(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.
9. Office is directed to send a certified copy of this order to the trial
Court concerned for necessary information and compliance.
Sd/-
(Parth Prateem Sahu)
Judge
gouri