1 CGHC010252192026 2026:CGHC:32379 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5906 of 2026 Prateek Singh S/o Sultan Singh Aged About 29 Years R/o Ward No-5 House No -1 Laxmanpur P.S. Chhuikhadan Distt- Khairagarh (C.G.) --- Applicant versus State of Chhattisgarh Through- Station House Officer, Police Station New Rajendra Nagar, Raipur Distt- Raipur (C.G.) --- Non-Applicant Along with MCRC No. 6206 of 2026 Khalid Khan S/o- Israr Ali Khan Aged About 23 Years R/o - Mahatma Gandhi Nagar Amlidih P.S. - New Rajendra Nagar District - Raipur (C.G.) (As Per Challan) --- Applicant Versus State of Chhattisgarh Through Police Station - New Rajendra Nagar District- Raipur (C.G.) --- Non-Applicant For Applicants : Mr. Wasim Miyan, Advocate and Mr. Ashish Gangwani, Advocate For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.07.2026 1. Since the above-mentioned two first bail applications arise out of same incident, same crime number and registered at same police station, they are clubbed and heard together and are being RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 disposed of by this common order. 2. The applicants have preferred these First Bail Applications under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 166/2026 registered at Police Station New Rajendra Nagar District- Raipur (C.G.) for the offence under Sections 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief is that the police of Police Station New Rajendra Nagar District- Raipur (C.G.) received a secret information from the informant and on the said information police conducted a raid and seized the contraband article i.e. 18.38 Gm. of Heroin (Chhitta) Drugs from the joint possession of the applicants. Thereafter, offence punishable under Sections 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against the present applicants. 4. Learned counsels for the applicants submits that the applicants are innocent persons and have been falsely implicated in the aforesaid case. They further submits that the said contraband article was not seized from the possession of the present applicants. It is also submitted that prosecution agency has not followed the provisions under Section 42 of the NDPS Act. They further submits that the said contraband article which has been seized from the joint possession of the present applicants, is less than the commercial quantity. They further submits that the present applicants have no criminal antecedents under the NDPS Act, applicant namely, 3 Prateek Singh, has one criminal antecedent under the BNS in which he has already been acquitted and the applicant namley, Khalid Khan, has two criminal antecedents under the IPC and BNS of the year 2021 and 2024 which are pending, the charge-sheet has been submitted before the competent Court and they are in jail since 30.04.2026, and conclusion of the trial is likely to take quite long time. Therefore, they pray for grant of regular bail to the applicants. 5. On the other hand, learned Panel Lawyer opposes the bail application of the present applicants and submit that the charge- sheet has already been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. She further submits that the contraband article i.e. 18.38 Gm. of Heroin (Chhitta) Drugs was seized from the joint possession of the applicants, therefore, the present applicants are not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that the contraband article i.e. 18.38 Gm. of Heroin (Chhitta) Drugs has been recovered from them, which is less than commercial quantity, further the present applicants have no criminal antecedents under the NDPS Act, applicant namely, Prateek Singh, has one criminal antecedent under the BNS in which he has already been acquitted and the applicant namley, Khalid Khan, has two criminal antecedents under the IPC and BNS of the year 2021 4 and 2024 which are pending and also considering the fact that in the present bail application the charge-sheet has been filed before the competent Court and they are in jail since 30.04.2026 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly, the bail applications of the applicants are allowed. Let the Applicants – Prateek Singh and Khalid Khan, involved in Crime No. 166/2026 registered at Police Station New Rajendra Nagar District- Raipur (C.G.) for the offence under Sections 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two local 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 their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya 5 Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their 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 them, 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 applicants are 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 them in accordance with law. 9. 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 Rahul Dewangan