Sanjay Kol Vs State of Chhattisgarh

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CGHC010237022026 2026:CGHC:27779

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 5640 of 2026

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Sanjay Kol S/o Rupa Kol Aged About 36 Years Ward No. 14, Shankar Dafai Near Shankar Mandir Bhalumada, P.S. Bhalumada, Teh. Kotma, Distt. Anuppur, M.P.

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... Applicant

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versus

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State Of Chhattisgarh Through Station House Officer, P.S. Simga, Distt. Balodabazar Bhatapara, Chhattisgarh.

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... Respondent

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For Applicant : Mr. Santosh Kumar Yadu, Advocate For Respondent/ : Mr. Sanjeev Pandey, Dy. Advocate General with State Mr. Rishi Raj Pithawa, Dy. Government Advocate

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order On Board

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06.07.2026

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The applicant has preferred this Second Bail Application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested on 25.08.2025 in connection with Crime No. 250/2022, registered at Police Station - Simiga, District - Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 20 (B) of Narcotic Drugs and Psychotropic Substances Act, 1985, (for short “NDPS Act, 1985”).

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Digitally signed by MANISH MANISH YADAV YADAV Date: 2026.07.06 18:10:23 +0530

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First bail application filed by the applicant bearing MCRC No. 985 of 2023 has been allowed by this Court vide order dated 22.02.2023, wherein he jumped the bail.

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Case of the prosecution, in brief, is that on 09.06.2022 the Police Station Simga received information from the informant that three persons were keeping and transporting the contraband (Ganja). On the basis of said information the Police made a raid and seized the contraband from the applicant and other persons, with 12 kg of contraband & arrested the applicant.

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Learned counsel for the applicant would submit that this Court has granted bail to the applicant on 22.02.2023 in MCRC No. 985 of 2023 wherein this Court has granted the bail to the applicant with the condition that the applicant shall not leave the territory State of Chhattisgarh without the prior permission of the trial Court/Special Court, but the applicant has not cooperated with the case and was remain absent for last 10 hearings, therefore, the learned trial Court has issued warrant of arrest against the applicant on 12.12.2024 and in pursuance of that warrant of arrest issued by the learned trial Court, the applicant was taken into custody on 24.08.2025 and since then he is in jail, thus, he remained incarceration for about more than 10 months after releasing the applicant on bail by this Court. Thus, he would pray for releasing the applicant on bail.

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On the other hand, learned State counsel opposes the bail application and would submit that the applicant has violated the condition imposed by this Court after releasing on bail and since the applicant is involved in the offence punishable under Section 20 (B)

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of NDPC Act, 1985 which is heinous offence and also he has not cooperated with the prosecution as evident from the observation made by the trial Court, therefore, they would pray for rejection of the bail application.

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I have heard learned counsel for the parties and perused the annexures annexed with the bail application.

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Considering the fact that this Court has already granted bail to the applicant on 22.02.2023 and on bail jumping he was taken into custody by the prosecution on 24.08.2025 and for more than 10 months he again remained in jail, thus, he remained incarceration period for more than 1 year and 7 months and considering the fact that now the trial is fixed tomorrow i.e. on 07.07.2026 for remaining witnesses to be examined by the prosecution, I am of the view that this is a fit case to enlarge the applicant on bail.

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Accordingly, the bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs. 50,000/- with two local sureties of Rs. 25,000/each. He will appear before the trial court on each and every date given by the said trial court, till disposal of the trial.

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Certified copy as per rules.

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Sd/-

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(Narendra Kumar Vyas) Judge

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Manish

Sanjay Kol v. State of Chhattisgarh

Case brief

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Sanjay Kol v. State of Chhattisgarh

Case brief

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