RISHU KANWAR vs STATE OF CHHATTISGARH

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CGHC010282112026 2026:CGHC:38398
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 6780 of 2026
Rishu Kanwar S/o Ganju Kahar Aged About 42 Years Resident Of
Village Nuwasahi Latampadar, Police Station Firinga Kandhamal,
(Odisha)
... Applicant
versus
State Of Chhattisgarh Through Police Station Komakhan, District
Mahasamund (C.G.)
... Non-Applicant
For Applicant : Shri Virendra Kashyap, Advocate.
For Non-Applicant : Smt. Smriti Shrivastava, PL.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
31/08/2026
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.76/2026 registered at Police Station Komakhan, District
Mahasamnund (C.G.) for the offence under Section 20(b)(ii)(B) of
the NDPS Act.
Digitally
signed by
KRISHNA
KUMAR
BARVE
Date:
2026.09.01
11:30:09
+0530
KRISHNA
KUMAR
BARVE

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2. The prosecution case, in brief, is that on 19.05.2026 the
concerned police received a secret information that a person
carrying Ganja on a motorcycle was proceeding towards
Kasekera. The police allegedly intercepted the applicant and
recovered 07 Kg Ganja from a white plastic bag tied behind the
motorcycle. On the basis of aforesaid recovery, FIR was
registered against the applicant. 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 alleged recovery of contraband from the applicant is denied in
toto and the prosecution allegations are false, frivolous and liable
to be tested during trial. The quantity allegedly seized from the
applicant is 07 Kg of Ganja, which is below the commercial
quantity prescribed under the NDPS Act. Therefore, the embargo
contained under Section 37 of the NDPS Act is not attracted to the
facts of the present case. The applicant is in judicial custody since
03.06.2026 and the trial is likely to take considerable time for its
conclusion. Therefore, his continued incarceration would amount
to pre-trial punishment. Moreover, the applicant does not have
any criminal antecedents. 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 antecedents, and the charge

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sheet has been submitted against the applicant. Therefore, the
bail application may be rejected.
5. I have heard learned counsel appearing for the parties and
perused the case diary.
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, the applicant does not have any criminal
antecedents, which is mentioned in the bail application, the
applicant is in jail since 3.6.2026 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 – Rishu Kanwar, involved in Crime No.76/2026
registered at Police Station Komakhan, District Mahasamnund
(C.G.) for the offence under Section 20(b)(ii)(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

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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.
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