Chattisgarh High Court
Dharmendra Soni vs State Of Chhattisgarh on 26 May, 2026
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2026:CGHC:23479
NAFR
Digitally signed by
ALOK SHARMA
Date: 2026.05.26
17:20:22 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 4908 of 2026
Dharmendra Soni S/o Satyanarayan Soni Aged About 28 Years R/o
Akharabhantha P.S. Basna, District- Mahasamund (C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through- Station House Officer, P.S. Sankara
District- Mahasamund (C.G.)
... Non-applicant(s)
For Applicant(s) : Mr. Parth Kumar Jha, Advocate.
For Non-applicant/State : Ms. Sunita Manikpuri, Dy. Govt.
Advocate.
Hon'ble Shri Bibhu Datta Guru, Judge
Order on Board
26/05/2026
1.
This is the first bail application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 filed by the applicant for grant of
regular bail, as he has been arrested in connection with Crime No.
45/2026, registered at Police Station Sankara, District Mahasamund
(C.G.) for the offence punishable under Section 20(b) of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
2. The prosecution’s story in brief is that, the concerned Police Station
received secret information through an informant on 03.03.2026 during
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patrolling that co-accused Titu @ Solan Das was illegally keeping
contraband ganja in his scooter for the purpose of sale. Acting upon
the said information, the police intercepted the scooter and seized 4.87
kg of contraband ganja from the possession of co-accused Titu @
Solan Das. Thereafter, on the basis of his memorandum statement, the
police conducted a search of his house and seized a further quantity of
13.600 kg of contraband ganja. In the memorandum statement, co-
accused Titu @ Solan Das allegedly disclosed that the seized
contraband had been procured from co-accused Piyush Sharma and
the present applicant. As a result thereof, the police registered an
offence punishable under Sections 20(B) and 29 of the N.D.P.S. Act
against the accused persons, and the present applicant was arrested
on 04.03.2026 on the basis of the memorandum statement of the co-
accused.
3. Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case and is innocent of the allegations
levelled against him. It is contended that no contraband ganja has
been recovered from the possession of the applicant or at his instance,
and his implication is based solely on the memorandum statement of
co-accused Titu @ Solan Das, which, in the absence of any
corroborative material, has limited evidentiary value. The entire
quantity of 13.600 kg of ganja was recovered from the house of co-
accused Titu @ Solan Das and no recovery whatsoever has been
effected from the present applicant. It is further submitted that there is
no independent evidence connecting the applicant with the alleged
offence and that he has been implicated merely on the basis of the
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disclosure statement of the co-accused. He further submits that the
applicant has no criminal antecedents. The charge-sheet has already
been filed, no further custodial interrogation is required, and the
applicant has been in judicial custody since 04.03.2026. Therefore, he
prays for grant of regular bail to the present applicant.
4. On the other hand learned State counsel opposes the bail application
of the present applicant and submits that the charge-sheet has been
filed in the present case.
5. I have heard learned counsel for the parties and perused the case-
diary.
6. Considering the facts and circumstances of the case, the nature of
allegations levelled against the present applicant, and taking into
consideration that no contraband has been recovered from the
possession of the applicant, his implication is based primarily on the
memorandum statement of the co-accused, he has no criminal
antecedents, the charge-sheet has already been filed before the
competent Court, the applicant has been in judicial custody since
04.03.2026, and the conclusion of the trial is likely to take some time,
this Court is of the considered opinion that the applicant is entitled to
be released on bail in the present case.
7. Let applicant, Dharmendra Soni, involved in Crime No. 45/2026,
registered at Police Station – Sankara, District Mahasamund (C.G.) for
the offence punishable under Section 20(b) of the N.D.P.S. 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
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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 default as abuse of liberty of bail and
proceed against him in accordance with law.
8. Office is directed to provide a certified copy of this order to the trial
Court concerned for necessary information and compliance forthwith.
Sd/-
(Bibhu Datta Guru)
Judge
Alok
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