1 2026:CGHC:21418 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4142 of 2026 Bhupendra Singh S/o Late Gulzaar Singh Siddhu Aged About 42 Years R/o- Hirapur Veer Saawarkar Nagar, Near Navyug School, P.S.- Kabir Nagar District Raipur, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Aamanaka, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Akshat Pandey, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/05/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 46/2026 registered at Police Station 2 Aamanaka, District- Raipur (C.G.) for the offence punishable under Section 21(b), 29 of NDPS Act & Section 111 of BNS. 2. Case of the prosecution, in brief, is that on 14.02.2026, Police Station Aamanaka received secret information that near Ring Road No. 01, close to Tatibandh, four youths were standing with a motorcycle bearing registration No. CG04PV6260 and were in possession of illegal narcotic substance (heroin/chitta) for the purpose of sale. Acting upon the said information, the police party proceeded to the spot after complying with the mandatory provisions of the NDPS Act and conducted a raid. During the raid, the accused persons namely Jaskaran Singh Sandhu, Rishi Sahu, Vishal Bisen, and Bhupendra Singh were apprehended. On search, one white plastic polythene containing narcotic substance (heroin/chitta), along with packaging material, was recovered from the motorcycle allegedly under the joint possession and control of the accused persons. Upon weighment, the total quantity of the seized contraband was found to be 10.28 grams. Consequently, Crime No. 46/2026 was registered and the applicant was arrested in connection with the present case. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the seizure of contraband article made from the possession of applicant and co- accused persons is less than the commercial quantity. He also 3 submits that identically situated co-accused, namely, Jaskaran Singh has already been granted bail by this Court vide order dated 20.04.2026 passed in MCRC No.3565 of 2026. The applicant is in jail since 15.02.2026, the applicant has only one criminal antecedent of the year 2024 under the Excise Act, which is pending, further the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant was found in joint possession and control of 10.28 grams of heroin/chitta, allegedly kept in the motorcycle bearing registration No. CG04PV6260, along with the co-accused persons, for the purpose of illegal sale and transportation of narcotic substance. Furthermore, the applicant has one criminal antecedent under the Excise Act of the year 2024. However, could not dispute the fact that identically situated co-accused, Jaskaran Singh has already been granted bail by this Court. 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, nature and gravity of offence, period of detention of the applicant since 15.02.2026 and the fact that the seizure made from the joint 4 possession of applicant and co-accused persons, is less than the commercial quantity as prescribed under the NDPS Act, also considering the fact that co-accused, namely, Jaskaran Singh has already been granted bail by this Court vide order dated 20.04.2026 passed in MCRC No.3565 of 2026 and the case of present applicant is identical to that of the said co-accused, so far his criminal antecedent is concerned, the applicant has only one criminal antecedent, which is under the Excise Act of the year 2024, and the same is pending, the charge-sheet has been filed, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the application is allowed. 8. Let the Applicant-Bhupendra Singh, involved in Crime No. 46/2026 registered at Police Station Aamanaka, District- Raipur (C.G.) for the offence punishable under Section 21(b), 29 of NDPS Act & Section 111 of BNS, be released on bail on his furnishing a personal bond with two 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 trial 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil