1 2026:CGHC:403 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10041 of 2025 Jagrit Sahu S/o Khinesh Sahu Aged About 23 Years R/o Shri Nagar Colony Rudri P.S. Rudri, District - Dhamtari Chhattisgarh At Present Kamal Vihar Sector 04 E.W.S. Jitendra House P.S. Tikarapara District - Raipur (As Per Challan) ... Applicant versus State Of Chhattisgarh Through Police Station Tikarapara District - Raipur Chhattisgarh ... Respondent For applicant : Shri Ashish Gangwani, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05/01/2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 755/2025, registered at Police Station – Tikarapara, District - Raipur (C.G.) for the offence punishable under Sections 21(B) and 29 of NDPS Act. (As per GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.06 16:19:28 +0530 2 Challan) 2. The prosecution story, in brief, is that on receiving information from the informer on dated 25.09.2025, Police Station Tikarapara, Raipur police has recovered 6.62 grams of Heroin (Chhitta) Drugs from possession of the applicant and 2.60 grams of Heroin (Chhitta) Drugs and 7.00 grams of Heroin (Chhitta) Drugs from possession of the 2 other co- accused, total 16.20 grams of Heroin (Chhitta) Drugs recovered from all 3 accused Thereafter, the police registered crime no. 755/2025 and applicant arrested in this matter. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicant intermediate quantity of the psychotropic substance Heroin (Chhitta) Drugs has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of Heroin (Chhitta) Drugs as prescribed under the schedule is more than 250 gms and from the possession of the applicant only 6.62 grams contraband article Heroin (Chhitta) Drugs has been seized. It is further submitted that applicant is in jail since 25/09/2025 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 for the State opposes the bail application and submits that the charge-sheet has been filed in the present case. She would submit that there is no criminal antecedents 3 of the applicant under the NDPS Act. It is submitted that a total of 6.62 grams contraband article Heroin (Chhitta) Drugs has been recovered from the possession of the applicant, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Heroin (Chhitta) Drugs seized from the possession of the applicant i.e. a total of 6.62 grams which is less than the commercial quantity, also considering the fact there is no criminal antecedents of the applicant under the NDPS Act, charge-sheet has been filed, further that the applicant is in jail since 25/09/2025 and the conclusion of the trial is likely to take sometime, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Jagrit Sahu, involved in Crime No. 755/2025, registered at Police Station – Tikarapara, District - Raipur (C.G.) for the offence punishable under Sections 21(B) and 29 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 4 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 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-d Sd/- (Ramesh Sinha) Chief Justice gouri