1 CGHC010216222026 2026:CGHC:34611 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5593 of 2026 Rajvinder Kaur W/o Rajveer Singh Aged About 19 Years R/o Shaidpur, P.S. Tarsikka, Distt. Amritsar, Punjab. Present Address- E W S 312 Housing Board, 32 Acre, Bhilai, P.S. Jamul, Durg, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Jamul, Distt. Durg, Chhattisgarh. ... Non-applicant For Applicant : Mr. Samdarsh Nirankari, Advocate For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.08.2026 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 applicant who has been arrested in connection with Crime No. 236/2026, registered at Police Station – Jamul District – Durg (C.G.) for the offence punishable under Sections 21(1)(b) and 27(a) of the NDPS Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.06 17:59:11 +0530 2 2. The prosecution case, in brief, is that on 10.04.2026, Inspector Ramendra Singh received secret information that some persons were attempting to sell Heroin (Chitta) at the rented house of Rajbir Singh situated at Housing Board, 32 Acre, Bhilai. Acting upon the said information, the police party proceeded to the spot along with two independent witnesses, namely Gaurav Kumar and Kirti Kumar. During the search, 81.4 grams of Heroin (Chitta), including the weight of the plastic bag, along with cash of Rs.21,000/- was allegedly seized from co-accused Rajbir Singh, while 10.5 grams of Heroin (Chitta), including the weight of the plastic bag, along with cash of Rs.10,000/- was allegedly seized from co-accused Kaldeep Singh. However, upon search of Lavpreet Singh and the present applicant, namely Rajvinder Kaur, no contraband or other incriminating article was found and no seizure was made from their possession. Accordingly, Crime No. 236/2026 was registered at Police Station Jamul, District Durg, for offences punishable under Sections 21(b) and 27(a) of the NDPS Act. The investigation is stated to be in progress and the charge-sheet has not yet been filed before the competent Court. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that no contraband or other incriminating article has been seized from the possession of the present applicant and that she had come from Punjab along with her husband, who is a relative of the main accused persons, merely for a family visit and has been falsely roped into the present case. It is further submitted that the applicant has no criminal antecedents. Learned counsel also submits that the 3 quantity of contraband allegedly seized from the co-accused persons is intermediate quantity and, therefore, the rigours of Section 37 of the NDPS Act are not attracted. It is further submitted that the memorandum statements of the co-accused persons, by themselves, are not substantive evidence against the applicant and the alleged statements are not corroborated by any independent material connecting her with the offence. Learned counsel further submits that the applicant has a family to take care of and her continued incarceration is causing hardship to her family and affecting their livelihood. The applicant is a permanent resident of the address mentioned in the cause title and there is no likelihood of her absconding. She is ready to furnish adequate security and abide by all the conditions that may be imposed by this Court. Therefore, learned counsel prays that the applicant may kindly be enlarged on regular bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that no contraband or other incriminating article has been recovered or seized from the possession of the applicant, that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, and that the applicant has 4 been in judicial custody since 10.04.2026, coupled with the fact that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Rajvinder Kaur, involved in Crime No. 236/2026, registered at Police Station – Jamul District - Durg(C.G.) for the offence punishable under Sections 21(1)(b) and 27(a) of the NDPS Act, be released on bail on furnishing personal bond with two local 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, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of 5 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 vaibhav