1 2026:CGHC:20963 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4160 of 2026 Rishi Sahu S/o Manohar Lal Sahu Aged About 26 Years R/o Sundar Nagar, Near Ambedkar Murti, P.S.- Purani Basti, Distt.- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- P.S.- Amanaka, Distt.- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Chaitanya Gilhare, Advocate. For Respondent(s) : Mr. Saurabh Sahu, Panel Lawyer. 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. 46/2026 registered at Police Station Amanaka, Distt.- Raipur (C.G.) for the offence punishable under Section 21(B) and 29 of NDPS Act and Section 111 of Bharatiya AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 15.02.2026, the police of Police Station Amanaka, Raipur, acting upon information received from an informant, proceeded in compliance with the mandatory provisions of the NDPS Act to the spot located at Ring Road No. 1, near Sulabh Complex, Tatibandh. There, upon conducting a lawful search of a motorcycle bearing registration No. CG-04/PV-6266, which was in the joint possession of the applicant/accused Rishi Sahu and co-accused Jaskaran Singh, Vishal Bisen, and Bhupendra Singh, a white plastic packet containing contraband heroin (chitta) weighing 10.28 grams was recovered from a cavity/dickey-like space in the front portion of the motorcycle. One mobile phone and the motorcycle were also seized. The accused persons were arrested on the spot and Crime No. 46/2026 was registered against them under Sections 21(b) and 29 of the NDPS Act and Section 111 of the BNS at Police Station Amanaka, Raipur. After completion of investigation, the charge-sheet has been filed. As per the notification issued by the Central Government, the small quantity of heroin is less than 5 grams and commercial quantity is more than 250 grams. In the present case, the total seized quantity is 10.28 grams, which falls between small and commercial quantity. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has 3 not committed any offence and he has been falsely implicated in offence in question. He further submits that two of the identically situated co-accused persons, namely, Jaskaran Singh and Vishal Bisen have already been granted bail by this Court vide orders dated 20.04.2026 and 23.04.2026 in MCRC Nos.3565 of 2026 and 3685 of 2026, respectively. The applicant is in jail since 15.02.2026, the applicant has only one criminal antecedent of the year 2025 under the BNS, 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 applicant allegedly in connivance with other co-accused persons, was found in joint possession of 10.28 grams of heroin (chitta), which was recovered from a concealed space in a motorcycle, and thereby become accused of illegal possession and involvement in trafficking of contraband in violation of the provisions of the NDPS Act. However, could not dispute the fact that two of the identically situated co-accused persons, namely, Jaskaran Singh and Vishal Bisen 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, 4 nature and gravity of offence, period of detention of the applicant since 15.02.2026, the fact that though the applicant was found in joint possession of 10.28 grams of heroin (chitta), which was recovered from a concealed space in a motorcycle, but considering the fact that two of the co-accused persons, namely, Jaskaran Singh and Vishal Bisen have already been granted bail by this Court vide orders dated 20.04.2026 and 23.04.2026 in MCRC Nos.3565 of 2026 and 3685 of 2026, respectively and the case of present applicant is identical to that of the said co- accused persons, further the applicant has only one criminal antecedent, which is of the year 2025 under the BNS 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. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Rishi Sahu, involved in Crime No. 46/2026 registered at Police Station Amanaka, Distt.- Raipur (C.G.) for the offence punishable under Section 21(B) and 29 of NDPS Act and Section 111 of BNS, 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 5 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. 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