1 CGHC010214982026 2026:CGHC:28638 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5005 of 2026 • Anita Netam W/o Islamuddin Aged About 37 Years R/o Musalman Para, Balod, District- Balod C.G. ... Applicant(s) versus • State of Chhattisgarh Through Police Station Arjuni, District- Dhamtari, C.G. ... Respondent(s) For Applicant(s) : Mr. Shobhit Koshta, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 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. 56/2026, registered at Police Station – Arjuni, District – Dhamtari (C.G.) for the offence punishable under Section 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story, in brief, is that certain persons jurisdictional police received a secret information that certain persons were transporting heroin and near Forest Naka, Village Shyamtarai VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.09 18:21:49 +0530 2 intercepted the vehicle bearing CG 04/PT/8329 in which applicant and other co-accused persons were traveling and found in the dashboard of car heroine found quantity of heroine 56 gram from three accused persons, hence, FIR has been lodged. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge-sheet has been filed in this case. It is also submitted that from the joint possession of the applicant and other two co-accused persons, intermediate quantity of the psychotropic substance i.e. heroin only 56 gram has been seized. It is further submitted that there is no any criminal antecedents of the applicant, and he is in jail since 13.04.2026 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, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there is no any criminal antecedents of the applicant. It is submitted that a total of 56 gram of heroin has been recovered from the joint possession of the applicant and other two co- accused persons, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of contraband substance seized from the joint possession of the applicant i.e., a total of 56 grams of heroin, which is less than commercial quantity. Also 3 considering the fact that charge-sheet has been filed, and further that the applicant is in jail since 13.04.2026 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant, Anita Netam involved in Crime No.56/2026, registered at Police Station – Arjuni, District – Dhamtari (C.G.) for the offence punishable under Section 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, be released on bail on their 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 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, 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali