1 2026:CGHC:25173 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5350 of 2026 Qamar Raza S/o Sajjad Raza Aged About 28 Years R/o Sadar Bazar, Dhamtari, District Dhamtari (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer Police Station City Kotwali, District Dhamtari (C.G.) ... Respondent(s) For Applicant(s) : Mr. Akhtar Hussain, Advocate. For Respondent(s) : Mr. Shailendra Sharma, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/06/2026 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. 101/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 City Kotwali, District Dhamtari (C.G.) under Sections 21(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 12.04.2026, the police of Police Station City Kotwali, Dhamtari received secret information that the accused persons were engaged in selling heroin (smack) near Dhamtari Bus Stand. Acting upon the said information, the police reached the spot and intercepted the accused persons. During the search, a transparent polythene packet containing a brown-coloured substance suspected to be heroin was allegedly recovered from their possession. Upon weighment, the recovered contraband was found to be 10.30 grams of heroin. Thereafter, seizure proceedings were conducted and Crime No. 101/2026 was registered for offences punishable under Sections 21(b) and 29 of the NDPS Act. After completion of investigation, charge-sheet has been filed against the accused persons. 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 joint possession of the applicant and co-accused, 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 joint possession of applicant and co-accused only 10.30 gram 3 of heroin has been seized. He later submits that the applicant has only one criminal antecedent, which is of the year 2018 under the POCSO Act, the applicant is in jail since 12.04.2026 and the 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 one criminal antecedent under the POCSO Act of the year 2018 and from the joint possession of the applicant and co-accused contraband article i.e. 10.30 grams of 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 only one criminal antecedent, which is of the year 2018 under the POCSO Act and the contraband article i.e. 10.30 grams of heroin recovered from the joint possession of the applicant and co-accused 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, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Accordingly, the application is allowed. 8. Let the Applicant - Qamar Raza, involved in Crime No. 101/2026 registered at Police Station City Kotwali, District Dhamtari (C.G.) under Sections 21(B) and 29 of the NDPS 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) 5 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Akhil