MOHAMMAD WASHIM vs STATE OF CHHATTISGARH

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CGHC010327332026 2026:CGHC:38618
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8057 of 2026
Mohammad Washim S/o Barkat Mohammad Aged About 43 Years R/o
Jogidipa P.S. Kotwali, Distt. Raigarh Chhattisgarh
... Applicant
versus
State Of Chhattisgarh Through Station House Officer, Police Station -
City Kotwali, Distt. Raigarh Chhattisgarh
... Non-Applicant
For Applicant : Shri Amit Verma, Advocate.
For Non-Applicant : Miss Monika Thakur, PL.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
01/09/2026
1. This is the second 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.278/2026 registered at Police Station City Kotwali, District
Raigarh (C.G.) for the offence under Sections 20 (B) and 29 of the
NDPS Act.
Digitally
signed by
KRISHNA
KUMAR
BARVE
Date:
2026.09.01
20:00:34
+0530
KRISHNA
KUMAR
BARVE

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nd
2. This is the 2 bail application on behalf of the applicant. The
earlier bail application preferred by the applicant was rejected on
the ground that the applicant has 21 criminal antecedents and the
applicant has not offered any explanation for the same, vide order
dated 22.7.2026 passed in MCRC No.6467/2026.
3. The prosecution case, in brief, is that on 25.05.2026 a secret
information was received by the concerned police stating that co-
accused Irshad Khan has kept contraband in his possession and
on the basis of the secret information; search was made and
seized 6.168 Ganja from his House and on the basis of his
memorandum present applicant has been arrested. Hence the bail
application.
4. It has been argued by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in the crime.
The applicant has 21 criminal antecedents under the IPC, Excise
Act, Gambling Act and BNS, out of which 18 cases have already
been disposed of and only 3 cases are pending. The applicant is
in jail since 25.5.2026. Therefore, the applicant may be released
on bail.
5. On the other hand, learned counsel appearing for the State/non-
applicant would oppose the bail application and submit that the
applicant has 21 criminal antecedents under the IPC, Excise Act,
Gambling Act and BNS, out of which 18 cases have already been
disposed of and only 3 cases are pending, and the charge sheet

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has been submitted against the applicant. Therefore, the bail
application may be rejected.
6. I have heard learned counsel appearing for the parties and
perused the case diary.
7. Taking into consideration the facts and circumstances of the case,
and the fact that the charge sheet has already been submitted
against the applicant, applicant has 21 criminal antecedents under
the IPC, Excise Act, Gambling Act and BNS, out of which 18
cases have already been disposed of and only 3 cases are
pending, which is mentioned in the bail application, the applicant
is in jail since 25.5.2026. 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 .
8. Let the Applicant – Mohammad Washim, involved in Crime
No.278/2026 registered at Police Station City Kotwali, District
Raigarh (C.G.) for the offence under Sections 20 (B) and 29 of the
NDPS Act, be released on bail on furnishing personal bond with
two 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

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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
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.
9. 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