1 CGHC010161162026 2026:CGHC:28006 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3970 of 2026 1 - Vickka @ Dharmendra Singh S/o Late Rajendra Pal Singh Aged About 38 Years R/o- M.D. 61, Veer Savarkar Nagar, Hirapur, Raipur, District- Raipur, (C.G.) 2 - Santosh Singh Sidar S/o Ramayan Singh Sidar Aged About 29 Years R/o- M.D. 07, Veer Savarkar Nagar, Hirapur, Raipur, District- Raipur, C.G. ... Applicants versus State Of Chhattisgarh Through- S.H.O., P.S.- Kabirnagar, District- Raipur (C.G.) ... Non-Applicant For Applicants : Shri Pushkar Sinha, Advocate. For Non-Applicant : Shri SS Baghel, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07/07/2026 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 applicants who have been arrested in connection with Crime No.46/2026 registered at Police Station Kabir Nagar, District Raipur (C.G.) for the offence under Section 21 (b) of the KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.08 16:32:48 +0530 2 NDPS Act. 2. Case of the prosecution is that on receiving secret information, the police of PS Kabir Nagar, Raipur conducted a raid on 14.2.2026 at Vedant Vatika, Hirapur. During the raid, the applicants were found sitting at the divider and upon search, from the back pocket of applicant No.1, a white polythene containing Heroin (Chitta) was seized and from applicant No.2, one electronic weighing machine was seized. Thus, 8.70 grams of Heroin was seized from joint possession of the applicants. Thereafter FIR was registered against them. 3. It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated. They never committed any kind of offence and no psychotropic substance has been seized from exclusive possession of the applicants and mandatory provisions of Sections 42 & 50 of the NDPS Act have also not been followed. Charge sheet has already been filed and custodial interrogation of the applicants is not required. They are in jail since 15.2.2026 and trial may take some time for its disposal. Moreover, applicant No.1 has one criminal antecedent under the NDPS Act in which he has already been acquitted by the trial Court. Therefore, the applicants may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application. 3 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 charge sheet has already been filed, the applicants are in jail since 15.2.2026 and that applicant No.1 has one criminal antecedent under the NDPS Act in which he has already been acquitted by the trial Court, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Vickka @ Dharmendra Singh & Santosh Singh Sidar, involved in Crime No.46/2026 registered at Police Station Kabir Nagar, District Raipur (C.G.) for offence under Section 21 (b) of the NDPS Act, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed 4 against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 applicants 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 Barve