Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 23693 (CHH)

MANMOHAN SINGH SANDHU @ JAGGU v. STATE OF CHHATTISGARH

MCRC/5517/2026 · 2026-06-28

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:26300 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5517 of 2026 Manmohan Singh Sandhu @ Jaggu S/o Jarnail Singh Aged About 30 Years R/o Infront Of Valia's House, Hig/564, Near Mor Graden, Veer Savarkar Nagar Heerapur, P.S. Kabirnagar, Raipur, Distt. Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Kabirnagar, Raipur, Distt. Raipur, Chhattisgarh. ... Non-Applicant(s) For Applicant : Mr. Wasim Miyan, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Govt. Advocate. 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 Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 183/2025 registered at Police Station- Kabirnagar, District- Raipur (C.G.), for the offence punishable under Sections 21(B), 21(C), 29 and 27(A)of the Narcotic Drugs and Psychotropic Substances Act and Section 111 of BNS. 2. The prosecution story, in brief, is that on 21.08.2025, a secret information was received by the police personnel of Police Station KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Kabir Nagar, District Raipur (C.G.), to the effect that the present applicant was in possession of certain contraband substances. Acting upon the said information, the police conducted a search and allegedly seized 28.16 grams of heroin from the possession of the applicant and arrested him. During the course of investigation, the memorandum statement of the applicant was recorded, pursuant to which 105.33 grams of heroin was allegedly recovered from his house. Further, 47.49 grams of heroin was seized from the possession of Divya Jain, 77.60 grams from Vijay Motwani, 9.43 grams from Harpreet Kaur, and 13.09 grams from Nitin Patel. Accordingly, FIR No. 183/2025 was registered against the accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that no contraband has been seized from the exclusive possession of the applicant. He further submits that the applicant is in judicial custody since 21.08.2025 and has undergone almost ten months of pre-trial detention. The charge-sheet has already been filed and conclusion of the trial is likely to take considerable time. It is also submitted that in the present case, 28.16 grams of heroin was allegedly seized from the possession of the applicant on the basis of secret information near Mor Garden and subsequently, on the basis of his memorandum statement, 105.33 grams of heroin was recovered from his house. Further recoveries of 47.49 grams, 77.60 grams, 13.09 grams and 9.43 grams of heroin were allegedly made from the possession of co- 3 accused Divya Jain, Vijay Motwani, Nitin Patel and Harpreet Kaur, respectively. Thus, a total quantity of 281.67 grams of heroin was allegedly recovered from different places, however, commercial quantity was not recovered from the possession of any individual accused. He further submits that co-accused namely Jaspreet Kaur @ Bobby, Harpreet Kaur @ Happy, Divya Jain, Nitin Patel and Harsh Rathi have already been enlarged on bail by this Court vide orders dated 18.03.2026, 01.04.2026, 08.04.2026, 05.05.2026 and 15.06.2026 respectively, and the case of the present applicant stands on similar footing. Therefore, on the ground of parity also, the applicant deserves to be enlarged on bail. 4. On the other hand, learned counsel appearing for the State opposes the bail application and submits that from the possession of the applicant, less than commercial quantity of psychotropic substance has been seized. However, he fairly does not dispute the fact that similarly situated co-accused namely Jaspreet Kaur @ Bobby, Harpreet Kaur @ Happy, Divya Jain, Nitin Patel and Harsh Rathi have already been granted bail by this Court in MCRC No. 2539/2026, MCRC No. 2919/2026, MCRC No. 3127/2026, MCRC No. 4167/2026 and MCRC No. 4692/2026 vide orders dated 18.03.2026, 01.04.2026, 08.04.2026, 05.05.2026 and 15.06.2026, respectively. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature of allegations, the fact that the charge-sheet has already been filed 4 before the competent Court and the applicant has no criminal antecedents and further from the possession of the applicant, less than commercial quantity of psychotropic substance has been seized and also considering that co-accused namely Jaspreet Kaur @ Bobby, Harpreet Kaur @ Happy, Divya Jain, Nitin Patel and Harsh Rathi have already been enlarged on bail by this Court in MCRC No. 2539/2026 vide order dated 18.03.2026, MCRC No. 2919/2026 vide order dated 01.04.2026, MCRC No. 3127/2026 vide order dated 08.04.2026, MCRC No. 4167/2026 vide order dated 05.05.2026 and MCRC No. 4692/2026 vide order dated 15.06.2026, respectively, and the case of the present applicant stands on similar footing, thus without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant – Manmohan Singh Sandhu, involved in Crime No. 183/2025 registered at Police Station- Kabirnagar, District- Raipur (C.G.), for the offence punishable under Sections 21(B), 21(C), 29 and 27(A)of the Narcotic Drugs and Psychotropic Substances Act and Section 111 of BNS, 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 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal