Kandhilal Gond Vs State of Chhattisgarh

This is first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail in connection with Crime No. 482 of 2023, registered at Police Station Pendra, District Gourela-Pendra-Marwahi (C.G.), for the offence punishable under Section 20(b) of the NDPS Act.

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The prosecution case, in brief, is that on 29.12.2023, the police of Police Station Pendra received secret information that the accused persons were travelling in a Scorpio vehicle bearing registration No. MH-40-BE4634 while carrying contraband ganja. Acting on the said information, the police party conducted a raid and, upon search, seized 34.600 kg of

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contraband ganja from the joint possession of the accused persons. Thereafter, the FIR was registered against the accused persons for the offence punishable under Section 20(b) of the NDPS Act.

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Learned counsel for the applicant would submit that the applicant has not committed any offence and has been falsely implicated. It is further submitted that the applicant is in custody since 29.12.2023, and has completed more than two years of incarceration. The conclusion of the trial is likely to take a considerable period of time. It is also submitted that the case of the present applicant is identical to that of the coaccused Radheshyam, who has been granted bail by the Hon’ble Supreme Court vide order dated 06.10.2025 passed in SLP (Cri.) No. 10638 of 2025, and therefore, the applicant is entitled to bail on the ground of parity.

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On the other hand, learned State counsel objected grant of bail to the applicant however, has not disputed the aforesaid submissions made on behalf of the applicant.

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I have heard learned counsel for the parties and perused the case diary.

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Taking into consideration the facts and circumstances of the case, particularly the prolonged incarceration of the applicant since 29.12.2023, the slow progress of trial, and the fact that a similarly placed co-accused has already been granted bail by the Hon’ble Supreme Court, this Court is of the considered view that the applicant deserves to be released on bail. Accordingly, MCRC No. 10480 of 2025 is allowed.

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Let the applicant be released on bail upon furnishing a personal bond with two solvent sureties in the like sum to the satisfaction of the trial Court concerned, subject to the following conditions:-

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(i) The applicant shall cooperate fully during the investigation and trial

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and shall not misuse the liberty granted to him.

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(ii) The applicant shall not attempt to influence, threaten or induce any

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prosecution witness in any manner.

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(iii) In case of violation of any of the conditions, the trial Court shall be at liberty to take appropriate steps, including cancellation of bail.

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Needless to add, if the investigation is not complete in all respects, the applicant shall extend full cooperation, and shall maintain good conduct till conclusion of the trial.

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Sd/-

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(Narendra Kumar Vyas)

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JUDGE

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kishore

Kandhilal Gond v. State of Chhattisgarh

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Kandhilal Gond v. State of Chhattisgarh

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