1 2026:CGHC:6574 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1287 of 2026 Atul Kumar S/o Chhote Lal Aged About 25 Years R/o Santoshi Para Ward No. 33, Camp-02, Bhilai, Tehsil And District Durg, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Durg Kotwali, District Durg, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Virendra Kashyap, Advocate. For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/02/2026 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. 172/2025 registered at Police Station 2 Durg Kotwali, District Durg (C.G.) for the offence punishable under Sections 21(A), 27(A) of NDPS Act. 2. Case of the prosecution, in brief, is that on 22.04.2025, acting on secret information, the officers of Police Station City Kotwali, Durg apprehended three persons, namely Vishal Singh, Birendra @ Bira Pardhi and the present applicant Atul Kumar near Shivnath River, Mahamara Road, Durg. During search, a total of 76.690 grams of a substance alleged to be Chitta (Heroin) was seized from their possession. It is further alleged that during interrogation, the co-accused disclosed that the seized contraband was procured from Vikramjeet Singh @ Vicky and Lovepreet Singh @ Vicky, residents of Amritsar, Punjab, on the basis of which the said persons were also implicated. According to the prosecution, the present applicant Atul Kumar was apprehended at the spot and 14.85 grams (net) of the alleged contraband was recovered from his possession. Consequently, Crime No. 172/2025 was registered at Police Station City Kotwali, District Durg for offences under Sections 21(a) and 27(a) of the NDPS Act, 1985, and the applicant was arrested on 22.04.2025 and remanded to judicial custody. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband substance was not seized from the exclusive possession of the applicant. He further submits that that prosecution agency has not followed the 3 provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He later submits that the applicant has no criminal antecedent and he is in jail since 22.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedent. He further submits that from the possession of the applicant contraband substance i.e.14.85 grams of Heroin was seized, furthermore, the bail application of one of the co-accused persons, namely, Harpal Singh has been rejected by this Court vide order dated 06.11.2025 in MCRC No.8839/2025, therefore, the present applicant is not entitled for 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 and the fact that the applicant has no criminal antecedent and the contraband article i.e. 14.85 grams of Heroin recovered from the possession of the applicant is less than the commercial quantity and the charge-sheet has been filed, moreover, the bail 4 application of co-accused, Harpal Singh was rejected by this Court on the ground that he has one criminal antecedent, which is under the NDPS Act, whereas, the present applicant has no criminal antecedent, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Atul Kumar, involved in Crime No. 172/2025 registered at Police Station Durg Kotwali, District Durg (C.G.) for the offence punishable under Sections 21(A), 27(A) of NDPS Act, 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 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 5 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