1 2026:CGHC:6767 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1345 of 2026 Hardeep Singh S/o Ratan Singh, Aged About 27 Years R/o Umda, Housing Board, Police Station Purani Basti, Bhilai, District Durg C.G. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer Police Station District Magistrate/ Collector, District Durg C.G. ... Non-applicant For Applicant : Mr. Raghvendra Pradhan, Advocate For Non-applicant/State : Mr. Saurabh Sahu, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.02.2026 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. 376/2025 registered at Police Station Purani Basti, Bhilai, District Durg (C.G.) for the offence under Sections 18(A) and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that on 01.10.2025 the police authorities received credible information from a secret informer that three persons travelling in a Hyundai Aura car bearing registration RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 No. CG-07/CY-6675 were carrying afeem (opium) with the intention of selling the same in Bhilai. Acting upon the said information, a raid was conducted, during which co-accused Luvpreet Singh, Hardeep Singh, and Budhsingh were apprehended and a total quantity of 147.63 grams of contraband was allegedly seized from their possession. After their arrest, in their memorandum statements, they disclosed that the aforesaid contraband had been purchased from the present applicant, on the basis of which the applicant was implicated in the commission of the present offence and was subsequently arrested. Hence, the present bail application. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. He further submits that the said contraband article was not seized from the possession of the present applicant. He also submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act. He further submits that similarly situated co- accused person, namely, Lovepreet Singh has already been granted bail by this Court vide order dated 22.01.2026 in MCRC No. 804/2026. He also submits that the applicant has no criminal antecedents and he is in jail since 01.10.2025 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submit that the charge- sheet has been filed in the present case before the competent Court 3 and also endorse the submission made by the learned counsel for the applicant. He further submits that the present applicant has been specifically named in the memorandum statements of the co- accused persons as the source from whom the seized contraband opium was purchased, and therefore his involvement in the commission of the offence is clearly established at this stage. It is further submitted that the quantity of contraband recovered is significant in nature, the offence is serious and falls under the stringent provisions of the NDPS Act, 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 that in the present bail application the charge-sheet has been filed before the competent Court, the said contraband article was not recovered form the exclusive possession of the applicant and further the fact that co-accused person, namely, Lovepreet Singh has already been granted bail by this Court vide order dated 22.01.2026 in MCRC No. 804/2026, and the case of present applicant is identical to that of the co-accused persons and the applicant has no criminal antecedents and he is in jail since 01.10.2025 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. 4 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Hardeep Singh, involved in Crime No. 376/2025 registered at Police Station Purani Basti, Bhilai, District Durg (C.G.) for the offence under Sections 18(A) and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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. (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 5 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. 8. 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 Rahul Dewangan