1 2026:CGHC:26363 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5684 of 2026 Mohammad Shoeb Akhtar S/o Mohammad Asad Gori Aged About 26 Years R/o Kelabadi Durg Police Station Padmanabhpur District Durg C.G. ... Applicant versus State Of Chhattisgarh Through- Station House Office Police Station City Kotwali Dhamtari District Dhamtari C.G. ... Respondent For Applicant(s) : Mr. Ali Afzaal Mirza, Advocate. For Respondent(s) : Ms. Palak Dwivedi, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/06/2026 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 City Kotwali, District Dhamtari (C.G.) under Sections 21(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.30 10:49:13 +0530 2 2. The prosecution case, in brief, is that on 12.04.2026, Assistant Sub- Inspector Neeraj Dubey, while posted at Police Station City Kotwali, Dhamtari, received a secret information from an informant that the applicant along with a co-accused was sitting in a white Maruti Swift Dzire car bearing Registration No. CG-13-C-4422 parked behind the Dhamtari Bus Stand and was illegally in possession of Heroin (Chitta) and searching for customers to sell the contraband. Acting upon the said information, the police, after completing the requisite legal formalities and associating independent witnesses, proceeded to the spot and conducted a raid. The applicant and the co-accused were allegedly found sitting inside the said vehicle and, on noticing the police, attempted to flee but were apprehended. During search of the vehicle, one transparent zipper polythene containing a white light brown shapeless substance suspected to be Heroin (Chitta), one pink- coloured lighter and two partially burnt aluminum foils were recovered from the dashboard located between the front seats of the vehicle. The recovered contraband, on weighment, was found to be 10.30 grams and was thereafter sealed and seized in accordance with law. On the basis of the said recovery, Crime No. 101/2026 was registered at Police Station City Kotwali, Dhamtari for the offences punishable under Sections 21(b) and 29 of the NDPS Act against the applicant and the co-accused. During investigation, statements of witnesses were recorded and other necessary investigative steps were undertaken. Upon finding prima facie material against the applicant and the co- accused, they were arrested and, after completion of the investigation, charge-sheet bearing Final Report No. 99/2026 dated 25.05.2026 was 3 filed before the learned Special Judge (NDPS Act), Dhamtari, District Dhamtari (C.G.). 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has not committed any of the alleged offences and has been arrayed as an accused solely on the basis of the memorandum statements of the co-accused, without there being any independent or corroborative material to connect him with the alleged crime. It is further submitted that no ingredient of the offences punishable under Sections 305, 331(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 is made out against the applicant and that the prosecution has failed to collect sufficient material to establish his involvement in the alleged theft. Learned counsel further submits that no stolen article has been recovered from the possession of the applicant and no specific overt act has been attributed to him. It is also argued that, in view of the material available on record, no prima facie case is made out against the applicant. The applicant is in judicial custody, the case is triable by the learned Judicial Magistrate First Class, and the trial is likely to take considerable time to conclude. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready and willing to furnish adequate surety and abide by all such terms and conditions as may be imposed by this Court while granting bail. 4 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. 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, it is observed that the contraband article recovered from the possession of the applicant is less than the commercial quantity as prescribed under the NDPS Act. Further, considering the fact that the charge-sheet has already been filed before the competent Court, that the applicant has no previous criminal antecedents, and that the applicant has been in judicial custody since 12.04.2026, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the application is allowed. 8. Let the Applicant - Mohammad Shoeb Akhtar, involved in Crime No. 101/2026 registered at Police Station City Kotwali, District Dhamtari (C.G.) under Sections 21(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 5 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. 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 vaibhav