AJAY SARTHI vs STATE OF CHHATTISGARH

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CGHC010432322026 2026:CGHC:46745
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 10502 of 2026
Ajay Sarthi S/o. Bharat Sarthi Aged About 27 Years Resident Of Ward No. 05,
School Para, Dulopali Police Station Dongripali, District- Sarangarh-Bilaigarh
(C.G.)
... Applicant
versus
State Of Chhattisgarh Through The Police Station Baramkela,, District
Sarangarh-Bilaigarh (C.G.)
... Respondent
For Applicant : Mr. Jitendra Shukla, Advocate
For Respondent-State : Mr. Afroz Khan, Panel lawyer
Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD
04.11.2026
1. Applicant has filed this second bail application under Section 483 of
Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he
has been arrested in connection with Crime No. 111/2026 registered at
Police Station –Barmkela, District- Sarangarh- Bilaigar, (C.G.) for
offence punishable under Section 20(b) of NDPS. First bail application
of the present applicant was withdrawn with liberty to file a fresh bail
after the filing of charge sheet vide order dated 09.09.2026 in MCRC
No. 8346/2026.

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2. Case of prosecution in brief is that, on 19.08.2026 Assistant Sub-
Inspector Omprakash Rajput along with his Staff went on a rural
patrolling. During the patrolling one super splendor motor cycle coming
from the main road near Goverdhan Mandir was suspected and from his
possession eight packets totaling 08 Kilo 460 grams of contraband
ganja was seized which was worth Rs. 4,00,000/- . Based upon which
FIR was registered against the present applicant and he was arrested
on 19.08.2026.
3. Learned counsel for applicant submits that applicant has been falsely
implicated in the crime, he has not committed offence as alleged. He
further submits that applicant was intercepted while he was driving the
motorcycle and it was alleged that he was possessing contraband ganja
of 08.460 kg, though he was not possessing the same. He also submits
that there is no criminal antecedent registered against the present
applicant, hence he may be enlarged on bail.
4. On the other hand, learned counsel for State opposes the submission
made by learned counsel for the applicant and submits that based on
the secret information, applicant was intercepted while he was driving
the said motorcycle and during the search contraband ganja of 8.40 Kg
in the motorcycle was seized. However, he do not dispute the
submission made by learned counsel for the applicant that the applicant
is having no criminal antecedent registered against him.
5. I have heard learned counsel for the parties and perused the documents
enclosed along with the bail application.
6. Taking into consideration the facts and circumstances of the case as
also the submission made by learned counsel for the respective parties

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and further considering that charge-sheet has been filed and there is no
criminal antecedent registered against the applicant, without
commenting anything on the merits of the case, I am inclined to allow
this application.
7. Accordingly, 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 ₹ 25,000/- with one surety in the like sum to the satisfaction of the
Court on the conditions that-
(a) 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.
(b) The applicant shall remain present before the trial court
on each date fixed, either personally or through him
counsel. In case of him absence, without sufficient cause,
the trial court may proceed against him under Section 269 of
Bharatiya Nyaya Sanhita.
(c) 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.
(d) 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

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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.
8. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information and compliance forthwith.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu)
Alfiza
JUDGE