VIJAY KUMAR KENWAT vs STATE OF CHHATTISGARH

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CGHC010337032026 2026:CGHC:38831
NAFR
KUNAL
DEWANGAN
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by
KUNAL
DEWANGAN
MCRC No. 8111 of 2026
Vijay Kumar Kenwat S/o Bharatlal Aged About 25 Years R/o Village -
Maldi, Tehsil And Police Station - Bilaigarh, District Sarangarh-Bilaigarh
... Applicant(s)
versus
State Of Chhattisgarh Through Police Station - Sarsiwan, District
Sarangarh-Bilaigarh Chhattisgarh
... Non-Applicant(s)
For Applicant : Mr. Dhirendra Prasad Mishra, Advocate.
For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
02.09.2026
1. The applicant has preferred this first Bail Application under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of
regular bail, as he has been arrested in connection with Crime No.
12/2025, registered at Police Station – Sarsiwan, District –
Sarangarh-Bilaigarh (C.G.) for the offence punishable under
Sections 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic
Substances Act, 1985, for short, the NDPS Act.
2.
As per the case of prosecution, on 08.01.2025, the Station House

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Officer of Police Station Sarsiwa received secret information that
certain persons were illegally transporting contraband Ganja from
the side of Saraipali towards Sarsiwa in a white-coloured Swift car
and that two of their associates were piloting the said vehicle on a
Hero Super Splendor motorcycle. Acting upon the said information,
the Station House Officer, along with the police staff and necessary
investigation kit, reached Village Mudpar and laid a barricade. After
some time, a Hero Super Splendor motorcycle, as described by the
informer, was seen approaching, on which two persons were riding.
On being intercepted and questioned, they disclosed their names
as Vijay Kumar Kenwat/applicant and co-accused Krishna Kumar
Kahra and informed the police that their other associates were
following them in a Swift car. Thereafter, a white-coloured Swift car
was seen approaching and was intercepted by the police. Upon
checking the vehicle, three persons were found travelling therein,
who disclosed their names as Sandeep Kumar Sahu, Hemant
Kumar Kewat and Tiharu Ram Verma. It was further found that, at
the place where the registration number plate was required to be
affixed, a sticker bearing registration number CG 04 QB 1278 was
affixed on the front side, whereas no registration number was
displayed at the other place. Upon conducting a search of the said
vehicle, two white-coloured plastic bags containing several packets
and five separate packets wrapped with brown-coloured plastic
tape were allegedly found concealed in the dickey of the car. In all,
45 packets containing a total of 45.780 kilograms of contraband
Ganja were allegedly recovered and seized from the vehicle in

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possession of the applicants and other co-accused persons.
Consequently, an offence under the relevant provisions of the
NDPS Act was registered against the accused persons and
investigation was taken up.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the case. It is further
submitted that no any contraband article i.e. cannabis has been
seized from the possession of the present applicant as the same
has been recovered from the car. It is further submitted that the co-
accused, namely Krishna Kumar Kahra whose bail application has
already been rejected by this Court in MCRC No. 1256/2026 vide
order dated 04.02.2026, has preferred an SLP (Crl.) No. 8403/2026
before the Hon’ble Supreme Court and granted bail vide order
dated 11.05.2026, a copy of which has been annexed as Annexure
A/3. It is also submitted that the charge-sheet has been filed, the
applicant has no criminal antecedents and he has been in judicial
custody since 09.01.2025 and so far as the status of the trial is
concerned, out of 28 prosecution witnesses, only 09 witnesses
have been examined and the conclusion of the trial is likely to take
some time. In view of the principle of parity, learned counsel prays
that the applicant may also be enlarged on bail.
4. On the other hand, the learned counsel for the State opposes the
bail application and submits that the charge-sheet has been filed
before the competent Court however, the quantity of contraband
article which has been involved in the present case, is much above

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the commercial quantity but he could not dispute the fact that the
co-accused person has been granted bail by the Hon’ble Supreme
Court.
5. I have heard learned counsel for the parties and perused all of the
documents available on record.
6. Considering the facts and circumstances of the case, nature and
gravity of offence levelled against the applicant and the fact that the
quantity of contraband article which was involved in the present case
i.e. total 45.780 Kgs of Ganja, which is much above the commercial
quantity but considering the fact that the co-accused, namely Krishna
Kumar Kahra whose bail application has already been rejected by
this Court in MCRC No. 1256/2026 vide order dated 04.02.2026,
has preferred an SLP (Crl.) No. 8403/2026 before the Hon’ble
Supreme Court and granted bail vide order dated 11.05.2026 (copy
of the order is annexed herewith as Annexure A-3) and so far as the
status of the trial is concerned, out of 28 prosecution witnesses,
only 09 witnesses have been examined and further it appears that
the the applicant is in jail since 09.01.2025 and the case of the
applicant is similar to that of co-accused, who has been granted bail
by Hon’ble Supreme Court thus, without further commenting anything
on merits, I am inclined to grant bail to the present applicant.
7. Accordingly, the bail application of the applicant is allowed .
8. Let applicant, Vijay Kumar Kenwat , involved in Crime No.
12/2025, registered at Police Station – Sarsiwan, District –
Sarangarh-Bilaigarh (C.G.) for the offence punishable under

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Sections 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic
Substances Act, 1985, for short, the NDPS Act, be released on bail
on his furnishing a 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
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 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

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default as abuse of liberty of bail and proceed
against him in accordance with law.
9.
However, this Court hopes and trust that the trial Court shall make
an earnest endeavour to conclude the trial in accordance with law
as expeditiously as possible, within a period of six months from the
receipt of a certified copy of this order, if there is no legal
impediment.
10. Office is directed to send a certified copy of this order to the trial
Court concerned for necessary information and compliance
forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Kunal