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2026 DAILYLAW 25947 (CHH)

MANINDER SINGH v. STATE OF CHHATTISGARH

MCRC/4791/2026 · 2026-07-08

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Judgment text

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1 CGHC010205442026 2026:CGHC:28578 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4791 of 2026 Maninder Singh S/o Late Dalveer Singh Aged About 36 Years R/o Ward No. 8 Labour Camp Jamul, Bhilai, P.S. Jamul, District Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through, P.S.- Jamul Bhilai, District Durg, (C.G.) (Wrongly Mentioned In The Impugned Order As Maninder Singh Aged About 36) ... Respondent(s) For Applicant(s) : Mr. B.P. Singh, Advocate. For Respondent(s) : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 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. 223/2026 registered at Police Station ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.10 11:02:22 +0530 2 Jamul Bhilai, District Durg (C.G.) under Section 20B of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 34(2) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that during investigation into an online cricket betting case, a search conducted at the applicant's residence pursuant to the memorandum statement of a co-accused allegedly led to the recovery of 4.650 kg of ganja, 35 bottles of English liquor, totaling 27.500 bulk liters of liquor, cash, bank documents, ATM cards and mobile phones. It is alleged that the applicant was engaged in illegal trade of contraband and online cricket betting, following which he was arrested and the seized articles were taken into custody. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband Ganja and liquor was not seized from the exclusive possession of the applicant. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicant intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the applicant only 4.650 kg Ganja has been seized along with 27.500 bulk liters of 3 liquor. He later submits that the applicant has no criminal antecedent and he is in jail since 07.04.2026 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, 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 and also endorse the said submission that the applicant has no criminal antecedent. She further submits that the applicant allegedly involved in online cricket betting and was found in illegal possession of 4.650 kg of ganja and 35 bottles of English liquor, along with other incriminating articles recovered from his residence. Therefore, the applicant is not entitled for grant of bail. 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 the applicant has no criminal antecedent and the contraband article i.e. 4.650 kg Ganja recovered from the possession of the applicant is less than the commercial quantity, along with 27.500 bulk liters of liquor, further the charge-sheet has been filed in the present case before the competent Court, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Accordingly, the application is allowed. 8. Let the Applicant - Maninder Singh, involved in Crime No. 223/2026 registered at Police Station Jamul Bhilai, District Durg (C.G.) under Section 20B of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 34(2) of C.G. Excise Act, 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 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. 5 (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 Abhishek