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2026 DAILYLAW 22766 (CHH)

MANISH ROCHLANI v. STATE OF CHHATTISGARH

MCRC/3516/2026 · 2026-06-21

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Judgment text

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1 2026:CGHC:25498 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3516 of 2026 Manish Rochlani S/o Shri Sunil Rochlani Aged About 26 Years R/o I-214, Welfare Society, Sector 04, Kamal Vihar, P.S. Tikrapara, Distt. Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through P.S. Tikrapara, Raipur, Distt. Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Ajay Kumrani, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.06.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1043/2025 registered at Police Station Tikrapara, District – Raipur (C.G.) for the offence under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the case of the prosecution, on 27.12.2025, the police officials of Police Station Tikrapara, District Raipur, allegedly received secret information from an informant to the effect that the present applicant was ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.06.23 10:37:27 +0530 2 engaged in the illegal possession and sale of a narcotic substance near Shiv Mandir, Sector-04, Kamal Vihar, Raipur. Acting upon the said information, the police party is stated to have complied with the procedural requirements of the NDPS Act and proceeded to the spot to conduct a raid. It is the further case of the prosecution that, upon reaching the said location, the applicant was found present there and was apprehended by the police. Thereafter, a search of the applicant was conducted by the police officials, during which it is alleged that 18 grams of heroin was recovered from his possession. Subsequently, the applicant was arrested, and an offence under Section 21-B of the NDPS Act was registered against him vide Crime No. 1043/2025 at Police Station Tikrapara, District Raipur. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He submits that an intermediate quantity of a psychotropic substance, i.e., 18 grams of heroin, was allegedly seized from the possession of the applicant, which is below the commercial quantity. He further submits that the applicant has only three criminal antecedents under the IPC, which have already been explained in Paragraph 4A of the present bail application. He also submits that the applicant has been in custody since 26.12.2025 and that the conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for the 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 submits that the applicant has 03 criminal antecedents under the IPC. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. After hearing the submissions advanced by learned counsel for the parties and considering the fact that contraband article i.e. 18 gms of heroine was allegedly seized from the possession of the applicant, which is below the commercial quantity, and further considering that the applicant has no criminal antecedents under the NDPS Act, that the charge-sheet has already been filed, that the applicant has been in custody since 26.12.2025, and that the conclusion of the trial is likely to take considerable time, I am of the opinion that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant - Manish Rochlani, involved in Crime No. 1043/2025 registered at Police Station Tikrapara, District – Raipur (C.G.) for the offence under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on 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 his 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 4 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. - Sd/- (Ramesh Sinha) Chief Justice Abhishek