1 2026:CGHC:27268 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4387 of 2026 Janakraj S/o- Chamanlal Aged About 39 Years R/o- Near Basti Machhiyan Vali Jagdamba Mandir, P.S. Zira, District- Firozpur, Punjab. ... Applicant versus State Of Chhattisgarh Through Police Station Aamanaka, District- Raipur (C.G.) ... Respondent For Applicant : Shri Ashish Gangwani, Advocate. For Respondent/State : Ms. Nupur Trivedi, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02/07/2026 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.20/2026 registered at Police Station – Amanaka, District- Raipur C.G. for the offence punishable under Sections 21(b) & 29 of N.D.P.S. Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.03 17:06:29 +0530 2 2. As per the prosecution case, on 18.01.2026, acting on credible information, the police of Police Station Amanaka, District Raipur, conducted a raid near Veer Singh Chauraha, New Bypass Road. During the raid, co-accused Satnam Singh was apprehended and found in conscious possession of 29 grams of heroin (chitta), which was seized in accordance with law. During investigation, on the basis of the memorandum statement of the co-accused and other material collected, it was alleged that in the year 2024 one Rakesh had supplied about 30 grams of heroin to the present applicant through mobile contacts, and the applicant was involved in the illegal sale of the contraband for monetary gain. Consequently, offence under Sections 21(B) and 29 of the NDPS Act was registered and, after completion of investigation, charge-sheet was filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is submitted that no contraband was recovered from the possession of the applicant and his implication is based solely on the memorandum statement of the co-accused. It is further submitted that the quantity recovered from the co-accused is below commercial quantity. He would submit that the applicant has no criminal antecedents, charge sheet has been filed, applicant is in jail since 21.03.2026 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 for the State opposes the bail application and submits that the charge-sheet has been filed in the present case. It is submitted that from the possession of the co- 3 accused 29 grams heroine has been seized which is less than commercial quantity and allegation against the applicant is that he is the supplier of the same. She would submit that applicant has no criminal antecedents. 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 the applicant is the supplier of the contraband article i.e. 29 grams of heroine which has been seized from the co-accused which is less than commercial quantity, charge sheet has been filed, applicant has no criminal antecedents, applicant is in jail since 21.03.2026 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- Janakraj, involved in Crime No.20/2026 registered at Police Station – Amanaka, District- Raipur C.G. for the offence punishable under Sections 21(b) & 29 of N.D.P.S. Act, be released on bail on his furnishing a personal bond with two local 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 4 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/- d/- (Ramesh Sinha) Chief Justice gouri