1 CGHC010294742026 2026:CGHC:34178 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7100 of 2026 Ubaid Raza S/o Naim Raza Aged About 29 Years R/o Next Lane of Moon Hotel, Baijnathpara, Thana- City Kotwali Raipur, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station - City Kotwali, Raipur District- Raipur (C.G.) ... Non-applicant For Applicant : Ms. Smita Jha, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.08.2026 1. This is the <rst bail application <led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 0215/2026 registered at Police Station – City Kotwali Raipur, District - Raipur (C.G.) for the o@ence under Sections 21(a) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the case diary, the police of Police Station Kotwali, District Raipur, Commissionerate (C.G.), received secret information from an informant, pursuant to which the police conducted a raid and seized contraband, i.e., 11.990 grams of heroin, from the joint possession of the present ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.06 14:39:28 +0530 2 applicant and the co-accused persons. Accordingly, the present applicant was arrested on 03.05.2026 for the o@ences punishable under Sections 21(a) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and a charge-sheet has been <led before the competent Court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. She submits that an intermediate quantity of a psychotropic substance, i.e. 11.990 grams of heroin, was allegedly seized from the joint possession of the applicant and other co- accused persons, which is below the commercial quantity. She further submits that the applicant has no criminal antecedents under the NDPS Act and has been in custody since 03.05.2026. Since the conclusion of the trial is likely to take considerable time, she prays for the 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 <led in the present case before the competent Court and also endorse the submission made by learned counsel for the applicant that the applicant has no criminal antecedents under the NDPS Act. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. After hearing the submissions advanced by learned counsel for the parties and considering the fact that the contraband article i.e. 11.990 grams of heroin, were allegedly seized from the joint possession of the applicant and other co-accused person, which is below the commercial quantity, and further considering that the applicant has no criminal antecedents under the NDPS Act, that the charge-sheet has already 3 been <led, that the applicant has been in custody since 03.05.2026, and that the conclusion of the trial is likely to take considerable time, I am of the opinion that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant - Ubaid Raza, involved in Crime No. 0215/2026 registered at Police Station – City Kotwali Raipur, District - Raipur (C.G.) for the o@ence under Sections 21(a) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on 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 <le an undertaking to the e@ect that he shall not seek any adjournment on the dates <xed 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 <xed, either personally or through his counsel. In case of his absence, without suDcient cause, the trial court may proceed against his 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 <xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (iv) The applicant shall remain present, in person, before the trial court on the dates <xed 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 suDcient 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. ODce is directed to send a certi<ed copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek