1 CGHC010289432026 2026:CGHC:36079 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6815 of 2026 Sheikh Altaf @ Lalla S/o Sheikh Sarkar Aged About 27 Years R/o Dinadayal Upadhyay Nagar, Daupara Mungeli Police Station Mungeli, District Mungeli C.G. ... Applicant versus State Of Chhattisgarh Through Police Station Torwa District Bilaspur C.G. ...Non-applicant For Applicant : Mr. Chanmeet Singh Chhabra and Mr. Navneet Singh Chhabra , Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 13.08.2026 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. 249/2026 registered at Police Station - Torwa District Bilaspur (C.G.), for the offences punishable under Sections 21(b), 22(b) & 29 of the NDPS Act. 2. As per the prosecution case, on 12.05.2026, Police Station Torwa, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.14 10:59:45 +0530 2 Bilaspur, received secret information that five persons had assembled near Gate No. 4, Water Tank, Bilaspur Railway Station, in possession of a grey Activa bearing registration No. CG-28-U-4183 and a white Alto car bearing registration No. CG-22-AB-5247, and that two of them were carrying black and blue backpacks containing heroin for the purpose of selling the contraband to prospective customers. Considering the possibility of the accused persons absconding if there was any delay in obtaining a search warrant, the police party, along with FSL officials, independent witnesses and other police staff, proceeded to the spot. Upon reaching there, five persons matching the description given in the information were found present, who allegedly attempted to flee on seeing the police but were apprehended. During their personal search and the subsequent search of the backpacks, a plastic bottle containing a transparent polythene packet with a white substance suspected to be heroin was allegedly recovered from the black backpack of co-accused Jitendra Singh Randhawa and the blue backpack of co-accused Jagdish Singh. A field test conducted with the assistance of FSL officials indicated the substance to be heroin, and the total weight of the recovered contraband, including the bottles, was found to be 40.51 grams. On the basis of the said recovery, Dehati Nalishi No. 00/2026 was registered under Sections 21(b), 22(b) and 29 of the NDPS Act, and the present applicant along with the co-accused persons was arrested and taken into custody. During investigation, the prosecution also relied upon the criminal antecedents of co-accused Lucky @ Avi Pathak, who was allegedly involved in earlier cases under the Arms Act and the NDPS Act. It is further alleged that the memorandum 3 statements of the applicant and the co-accused persons disclose that they were acting in concert and had entered into a criminal conspiracy for commission of the alleged offence. After completion of investigation, the charge-sheet was 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. No narcotic substance has been recovered from the possession of the applicant, and there is no credible evidence or material to establish his involvement in the alleged offence. The allegations against the applicant are vague and unsubstantiated, and the applicant has not committed any offence punishable with death or imprisonment for life. The applicant has been in judicial custody since 12.05.2026. He is a permanent resident of Mungeli, District Mungeli, Chhattisgarh, and therefore, there is no likelihood of his absconding or evading the process of law. The applicant is ready and willing to furnish adequate surety and abide by all the terms and conditions that may be imposed by this Hon’ble Court; hence, he may kindly be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, the fact that the alleged contraband is of less than commercial quantity, the fact that the applicant has no criminal antecedents, the period of 4 detention, as the applicant has remained in judicial custody since 21.04.2026, and the fact that the charge-sheet has already been filed before the competent Court and the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the applicant. 7. Let the Applicant –Sheikh Altaf @ Lalla, involved in Crime No. 249/2026 registered at Police Station - Torwa District Bilaspur (C.G.), for the offences punishable under Sections 21(b), 22(b) & 29 of the NDPS Act, be released on bail on his 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 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 fixed in such proclamation, then, the trial court 5 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav