1 2026:CGHC:12959 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2539 of 2026 Jaspreet Kaur @ Bobby W/o Manmohan Singh @ Sandhu Aged About 25 Years R/o Veer Sawrkar Nagar, Near Garden, P.S. Kabirnagar, District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Kabirnagar, Raipur District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Wasim Miyan, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/03/2026 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. 183/2025 registered at Police Station Kabirnagar, Raipur District- Raipur (C.G.) for the offence punishable under Sections 21(B), 21(C), 29, 27(A) of NDPS Act and Section 111 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 of BNS. 2. Case of the prosecution, in brief, is that on 21.08.2025, the police officials of Police Station Kabirnagar, District Raipur (C.G.) received secret information that co-accused Manmohan @ Jaggu was in possession of contraband substance. Acting upon the said information, a search was conducted and 28.16 grams of heroin was allegedly recovered from his possession, and he was arrested. During investigation, his memorandum statement was recorded wherein he stated that part of the sale proceeds had been transferred to the bank account of his wife, who is present applicant. On the basis of the said statement, the present applicant was also arrested on 21.08.2025. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the present applicant is the wife of co-accused, Manmohan @ Jaggu, and their marriage was solemnized on 21.08.2025, a copy of the marriage certificate has been annexed. It is further submitted that the present applicant has been arrested solely on the basis of the memorandum statement of her husband/co-accused alleging that a portion of the sale proceeds used to be deposited in her bank account, however, no specific amount has been disclosed by the prosecution in this regard. He further contends that the only basis for implicating and arresting the present applicant is her matrimonial relationship with the co- accused/husband, who is alleged to be involved in the offence. It is 3 also submitted that no contraband article has been recovered from the possession of the present applicant. The applicant is in jail since 21.08.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant being wife of co- accused Manmohan @ Jaggu, actively assisted him in the illegal trade of contraband heroin/chitta, which is above the commercial quantity by facilitating the sale proceeds through her bank account. It is alleged that the co-accused, in his memorandum statement, disclosed that part of the amount earned from the sale of contraband was transferred to the account of the present applicant, thereby indicating her involvement in the offence. 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, nature and gravity of offence, period of detention of the applicant since 21.08.2025, the fact that though the applicant being wife of co- accused Manmohan @ Jaggu, allegedly assisted him in the illegal trade of contraband heroin/chitta, which is above the commercial quantity by facilitating the sale proceeds through her bank account, but considering the fact that the applicant has been implicated 4 primarily on the basis of the memorandum statement of the co- accused/husband, without there being any independent corroborative material on record. The amount alleged to have been deposited in the applicant’s bank account has not been disclosed by the prosecution. Furthermore, the only connecting link appears to be the matrimonial relationship of the applicant with the co-accused, which by itself cannot be a ground to infer involvement in the alleged offence. Significantly, no contraband article has been recovered from the possession of present applicant and she has no criminal antecedent, the charge-sheet has been filed, hence, the case of present applicant is distinguishable from that of her husband/co- accused, Manmohan @ Jaggu, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Jaspreet Kaur @ Bobby, involved in Crime No. 183/2025 registered at Police Station Kabirnagar, Raipur District- Raipur (C.G.) for the offence punishable under Sections 21(B), 21(C), 29, 27(A) of NDPS Act and Section 111 of BNS, be released on bail on her furnishing a 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 she 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 5 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 her in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil