1 2026:CGHC:20959 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4167 of 2026 Nitin Patel S/o Ashish Patel Aged About 19 Years R/o Kandela P.S. Baikunthpur District- Rewa (M.P.) At Present R/o Jarway Talab, Near Satguru Traders P.S. Kabirnagar Raipur, District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Kabirnagar Raipur, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Wasim Miyan, Advocate. For Respondent(s) : Mr. S.S. Baghel, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/05/2026 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. 183/2025 registered at Police Station Kabirnagar Raipur, District- Raipur (C.G.) for the offence punishable under Sections 21(B), 21(C), 29, 27(A) of NDPS Act 2 and Section 111 of BNS. 2. Case of the prosecution, in brief, is that on 21.08.2025, police personnel of Police Station Kabir Nagar, Raipur (C.G.) received secret information that co-accused Manmohan @ Jaggu was in possession of contraband. Acting upon the said information, a search was conducted and 28.16 grams of heroin was recovered from his possession, and he was arrested. During investigation, his memorandum statement was recorded, wherein he disclosed that proceeds of the contraband had been deposited in his wife’s account, leading to her arrest on the same day. Further investigation led to additional recoveries, namely 105.33 grams of heroin from the house of Jaggu, 47.49 grams from Divya Jain, 77.60 grams from Vijay Motwani, and 9.43 grams from Harpreet Kaur. From the possession of the present applicant, 13.09 grams of heroin was also seized. On the basis of these recoveries, FIR No. 183/2025 was registered, and the investigation was carried out accordingly. 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 three of the identically situated co-accused persons, namely, Jaspreet Kaur @ Bobby, Harpreet Kaur @ Happy and Divya Jain have already been granted bail by this Court vide orders dated 18.03.2026, 01.04.2026 and 08.04.2026 passed in MCRC Nos.2539 of 2026, 3 2919 of 2026, 3127 of 2026, respectively. The applicant is in jail since 21.08.2025, the applicant has no criminal antecedent, 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. He further submits that the allegation against the applicant is that 13.09 grams of heroin was recovered from his possession, and he is alleged to be involved in the illegal possession and distribution of contraband in connection with other co-accused persons, thereby committed the alleged offence. However, could not dispute the fact that three of the co-accused persons, namely, Jaspreet Kaur @ Bobby, Harpreet Kaur @ Happy and Divya Jain have 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 21.08.2025, the fact that though the allegation against the applicant is that 13.09 grams of heroin was recovered from his possession, and he is alleged to be involved in the illegal possession and distribution of contraband in connection with other 4 co-accused persons, but considering the fact that three of the co- accused persons, namely, Jaspreet Kaur @ Bobby, Harpreet Kaur @ Happy and Divya Jain have already been granted bail by this Court vide orders dated 18.03.2026, 01.04.2026 and 08.04.2026 passed in MCRC Nos.2539 of 2026, 2919 of 2026, 3127 of 2026, respectively and the case of present applicant is identical to that of the aforesaid co-accused persons, further the applicant has no criminal antecedent and charge-sheet has been filed, 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-Nitin Patel, involved in Crime No. 183/2025 registered at Police Station Kabirnagar Raipur, District- Raipur (C.G.) for the offence punishable under Sections 21(B), 21(C), 29, 27(A) of NDPS Act and Section 111 of BNS, be released on bail on his furnishing a personal bond with two local 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 5 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