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2026 DAILYLAW 13333 (CHH)

PRADEEP DEEP v. STATE OF CHHATTISGARH

MCRC/2075/2026 · 2026-03-16

body2026

Judgment text

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1 2026:CGHC:12679 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2075 of 2026 Pradeep Deep S/o Maku Deep Aged About 23 Years R/o- Village Mangal Bada, Shankar Nagar, P/s Civil Lines, District Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Sho P/s Civil Lines, District Raipur (C.G.) ... Non-applicant(s) For Applicant : Mr. Lukesh Kumar Mishra, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.03.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 568/2025 registered at Police Station-Civil Lines District - Raipur (C.G.) for the offence under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution case, the concerned police ofÏcer allegedly received confidential information, pursuant to which a raid was conducted and Tramadol tablets were stated to have been seized from the present applicant as well as the co-accused, totaling 216 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 tablets (9 strips of 24 tablets each) weighing 131.76 grams. The applicant was thereafter arrested and produced before the learned trial Court and has been in judicial custody since 31.10.2025. After completion of investigation, charge sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and no prima facie case is made out against him. It is submitted that the alleged contraband was recovered from the joint possession of the applicant and co-accused and the quantity involved is of intermediate nature. The applicant has been in judicial custody since 31.10.2025 and no further custodial interrogation is required. The charge-sheet has already been filed, the applicant has no criminal antecedents and the trial is likely to take time. It is further submitted that the co-accused has already been granted bail by this Court in MCRC No. 333/2026, vide order dated 10.02.2026 hence, on the ground of parity also, the applicant deserves to be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and fairly submits that the charge-sheet has filed in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedent and further the alleged quantity of contraband article seized from the possession of the applicant along with co-accused, is intermediate quantity, but looking to the seriousness of this case, the present applicant is not entitled for 3 grant of bail. 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 that in the present case, charge-sheet has been filed before the competent Court and further the quantity of contraband article which is said to have been recovered from the joint possession of the applicant along with co-accused, is an intermediate quantity and the applicant has no criminal antecedent and moreover similarly situated co-accused has been granted bail by this Court in MCRC No. 333/2026, vide order dated 10.02.2026 and the applicant is in jail since 31.10.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the Applicant – Pradeep Deep, involved in Crime No. 568/2025 registered at Police Station-Civil Lines District - Raipur (C.G.) for the offence under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, be released on bail on furnishing 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. 4 (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 sufÏcient 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal