1 2026:CGHC:24407 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5061 of 2026 Mohammad Altaf Qureshi S/o- Abdul Khai Qureshi, Aged About 24 Years R/o- Canal Road, Near Prabhu Tent House, Khursipar, Bhilai, Tehsil And District- Durg, Chhattisgarh.(Particulars Of The Applicant Is Mentioned Correctly) ... Applicant versus State Of Chhattisgarh Through- Police Station-Khursipar, District- Durg (C.G.) ... Respondent For Applicant : Shri Anmol Sharma, Advocate. For Respondent/State : Shri Sourabh Sahu, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17/06/2026 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. 02/2026 registered at Police Station – Station- Khursipar, District- Durg (C.G.) for the offence punishable under Sections 8, 21 (B), 27(A) of NDPS Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.06.18 20:17:56 +0530 2 2. The prosecution story, in brief, is that on 02.01.2026 Police Authorities received an insider's tip that co-accused person Mithlesh Kumar and Parmeshwar Thakur near Dabrapara Mini Stadium Sulabh are selling psychotropic Substance heroin. As soon as the police authorities received the information, they conducted raid at the spot, the co- accused persons were found at the spot and from their possession heroin was seized. Upon memorandum it was stated by the accused persons has that they went to Punjab for buying the psychotropic substance and have sold the same to present applicant and other persons. Upon said information on the same day authorities arrested present applicant and other co-accused persons and from their joint possession 18.2100 gram heroin and some cash have been seized. Upon the memorandum statement of co-accused persons present applicant was arrested. 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 also submitted that from the joint possession of the applicant & co- accused persons intermediate quantity of the psychotropic substance heroine 18.2100 gram has been seized. He would submit that commercial quantity of heroine as prescribed under the schedule is more than 250 grams and from the joint possession of the applicant & co-accused persons only 18.2100 gram heroine has been seized which is less than commercial quantity. It is further submitted that applicant has one case under the NDPS Act in which he has been acquitted and four other cases under the IPC in which he is on bail, applicant is in jail since 02/01/2026 and the conclusion of the trial is likely to take quite 3 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 not been filed in the present case. It is submitted that from the joint possession of the applicant & co-accused persons 18.2100 gram heroine has been seized which is less than commercial quantity. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, considering the fact that from the joint possession of the applicant & co-accused persons 18.2100 gram heroine has been seized which is less than commercial quantity, applicant is in jail since 02/01/2026 and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view 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- Mohammad Altaf Qureshi, involved in Crime No. 02/2026 registered at Police Station – Station- Khursipar, District- Durg (C.G.) for the offence punishable under Sections 8, 21 (B), 27(A) 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri