1 CGHC010320242026 2026:CGHC:38138 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7924 of 2026 1 - Surendra Kshatriya S/o Lalu Kshatruya Aged About 23 Years R/o House No. 457, Ambay Awas Jawaher Nager, Vaishali Nager, Police Station Vaishali Nager Bhilai District Durg Chhattisgarh ...Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Khursipaar, Bhilai Durg Chhattisgarh ... Non-applicant For Applicant : Shri Anurag Jha, Advocate. For State/Non-applicant : Shri S. S. Baghel, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.08.2026 1. This is the second 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. 111/2026 registered at Police Station – Khursipar, Bhilai District Durg (C.G.) for the offence under Sections 8, 21(B) and 27(A) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The first bail application was rejected vide order dated 14.07.2026 on account of defects in the application, which could not be cured within NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.08.25 19:16:01 +0530 2 the prescribed time, and the said rejection was not on merits. 3. The case of the prosecution is that, on receiving secret information that the applicant/accused, Surendra Kshatriya, along with other co- accused persons, was keeping heroin for illegal sale near the Mini Stadium Sulabh Toilet at Khursipar, the police party, accompanied by staff and witnesses, reached the spot and conducted a raid after taking necessary precautions. The applicant and other co-accused were apprehended at the spot. During the search, a small polythene packet containing heroin (brown sugar) weighing 9.83 grams was allegedly recovered from the possession of applicant/accused Surendra Kshatriya. In addition, 43.14 grams of heroin was recovered from the other co-accused persons. The seized substance contained diacetylmorphine (heroin), for which the small quantity is 5 grams and commercial quantity is 250 grams. The applicant was arrested and has remained in judicial custody. After investigation, the police filed the charge sheet. Thereafter, a case was registered under Sections 8, 21(B) and 27(A) of Narcotic Drugs and Psychotropic Substances Act, 1985, and after completion of investigation, the charge-sheet was filed before the competent Court. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the commission of the offence. It is submitted that the allegation against the applicant is that 9.83 grams of heroin (brown sugar) was recovered from his possession, whereas 43.14 grams was allegedly recovered from the co-accused. The alleged quantity recovered from the applicant is below the commercial quantity prescribed for diacetylmorphine. He also submits that the 3 charge- sheet has been submitted before the competent Court, and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. 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 before the competent Court and also endorse the submission made by the learned counsel for the applicant. He further submits that heroin was recovered from the possession of the applicant and the co-accused and, therefore, the applicant is prima facie involved in an offence under the NDPS Act. Therefore, the present applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, the said quantity recovered from the applicant is below the commercial quantity prescribed for diacetylmorphine, and also considering the fact that in the present bail application the charge-sheet has been filed before the competent Court, and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant – Surendra Kshatriya involved in Crime No. 111/2026 registered at police Station – Khursipar, Bhilai District Durg (C.G.) for the offence under Sections 8, 21(B) and 27(A) of Narcotic Drugs and Psychotropic Substances Act, 1985 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:- 4 (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 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. 9. 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 Nikita