1 2026:CGHC:21711 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2711 of 2026 1 - Khilawan Sahu S/o Ramji Sahu Aged About 34 Years R/o Vikas Nagar, Near Shiv Mandir, Ps Gudhiyari, Distt. Raipur, Chhattisgarh. 2 - Sonu Sahu S/o Ramesh Sahu Aged About 31 Years R/o Near Bharat Mata Chowk, Gudhiyari, Distt. Raipur, Chhattisgarh. ... Applicant(s) versus 1 - State of Chhattisgarh Through The Ps Saraswati Nagar, Raipur, Distt. Raipur, Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. N. Naha Roy, Advocate For Respondent(s) : Ms. Sameeksha Gupta, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.05.2026 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 279/2025, registered at Police Station – Saraswati Nagar, District – Raipur (C.G.) for the offence punishable under Section 20(B), 25, 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act and Section 111 of Bhartiya Nyay Sanhita, 2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.11 17:27:50 +0530 2 2. The prosecution story, in brief, is that, on 05.12.2025 upon an information received by the concerned police station, the police reached Dindayal Auditorium Road and caught co-accused Mrityunjay Dubey @ MD and found Heroine weighing 13.03 grams in his car. The co-accused on his memorandum statement stated that the applicants herein are his friends and that the applicants visit the State of Punjab to buy heroine, and sell it in Raipur, C.G. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that there is no recovery made of the alleged contraband from the possession of the present applicants. He further submits that only on the basis of suspicion, he has been arrested by the Police. He further submits that the seizure of heroine made from the co-accused persons i.e, 13.03 gram as alleged in the charge-sheet which is less than commercial quantity as per the schedule 1 of the NDPS Act and upon memorendum statement of the co-accused, name of the present applicants are came into light. It is further submitted that there is one criminal antecedents of the applicant No.1 and applicant No.2 has two criminal abntecedents of IPC, and details of the same are mentioned in the bail application at paragraph No.4(a) and they are in jail since 18.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there are some criminal antecedents of the applicants and details of the same are mentioned in the bail 3 application at paragraph No.4(a). It is submitted that the seizure of heroine made from the co-accused persons i.e, 13.03 gram as alleged in the charge-sheet which is less than commercial quantity as per the schedule 1 of the NDPS Act and upon memorendum statement of the co-accused, name of the present applicants are came into light. 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 Psychotropic Substance i.e., heroine made from the co-accused persons i.e, 13.03 gram as alleged in the charge-sheet which is less than commercial quantity as per the schedule 1 of the NDPS Act. Also considering the fact that on the basis of memorendum statement of co-accused persons name of the present applicant came into light, charge-sheet has been filed, and further no seizure has been made from the present applicants and they are in jail since 18.02.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let the applicants, Khilawan Sahu and Sonu Sahu involved in Crime No. 279/2025, registered at Police Station – Saraswati Nagar, District – Raipur (C.G.) for the offence punishable under Section 20(B), 25, 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act and Section 111 of Bhartiya Nyay Sanhita, 2023, be released on bail on their 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 4 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali