1 2026:CGHC:24368 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4781 of 2026 Lucky Singh S/o. Late Pritam Singh Aged About 28 Years R/o. Kukri Para, Shubhash Nagar, P.S. Purani Basti, District- Raipur, Presently Rudra Vihar Amlehswar, Durg, District- Durg Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Tikrapara, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ashish Gangwani, Advocate. For Respondent(s) : Mr. Shubham Bajpai, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/06/2026 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. 119/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Tikrapara, District- Raipur (C.G.) under Sections 21, 21(b) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 of the Arms Act. 2. Case of the prosecution, in brief, is that on 10.02.2026, as per secret information received from the informant, the Police of concerned Police Station seized 1 gram of Chitta (Heroin) from the possession of co-accused and subsequently, the said co- accused was arrested, thereafter, during the course of investigation on the basis of memorandum statement of co- accused, present applicant has been implicated in the case and 6 grams of heroin has been seized from his possession. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband substance was not seized from the exclusive possession of the applicant. He further submits that from the possession of the applicant intermediate quantity of the psychotropic substance heroin has been seized, as the commercial quantity of heroin as prescribed under the schedule is more than 250 grams and from the possession of applicant only 6 gram of Chitta / heroin has been seized. He later submits that the applicant has two criminal antecedents of the years 2019 and 2022 under the IPC & the Arms Act, the applicant is in jail since 12.02.2026 and the 3 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 appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant has two criminal antecedents of the years 2019 and 2022 under the IPC & the Arms Act and from the possession of the applicant contraband article i.e. 6 grams of Chitta / heroin is seized, 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 and the fact that the applicant has two criminal antecedents, but none of them are under the NDPS Act and the contraband article i.e. 6 grams of Chitta / heroin recovered from the possession of the applicant is less than the commercial quantity prescribed under the NDPS Act and the charge-sheet has been filed in the present case before the competent Court, 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. Let the Applicant - Lucky Singh, involved in Crime No. 119/2026 registered at Police Station Tikrapara, District- Raipur (C.G.) under Sections 21, 21(b) & 29 of the Narcotic Drugs and 4 Psychotropic Substances Act, 1985 and Section 25 of the Arms Act, be released on bail on his 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 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, 5 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Akhil