1 2026:CGHC:16403 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3236 of 2026 Sukhraj Singh S/o Santokh Singh Aged About 27 Years R/o Sanatan Nagar Kohka Bhilai Sadak No. 14 Makan No. 14 P S Supella, District Durg Chhattisgarh (As Per Challan) ... Applicant versus State Of Chhattisgarh Through Police Station Kabir Nagar District - Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Ashish Gangwani, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.04.2026 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. 261/2025 registered at Police Station – Kabir Nagar District - Raipur Chhattisgarh, for the offence under Section 21(B), 27(A) & 29 of the Narcotic Drugs and Psychotropic Substances Act. 2. Case of the prosecution, in brief is that on 27.12.2025, on receiving information from an informer, the police of Kabir Nagar police station, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.09 17:43:32 +0530 2 Raipur district, raided the house number 01 Kabir Nagar Phase 01 of co-accused Jodha Singh and recovered and seized 16.1 grams of narcotic substance Heroin/Chittha along with foil in a plastic zipper bag from thedrawer of the bed kept by co-accused Harpreet Kaur in her house. Co-accused Harpreet Kaur was questioned regarding the possession of the above Heroin/Chittha and her statement was taken into custody A memorandum statement was recorded in which she stated that her husband Jodha Singh had brought the said heroin/chittha from Punjab. During the investigation, when the police interrogated co-accused Jodha Singh, he admitted to selling the heroin/chittha by going to Punjab twice and after that, to buying the heroin/chittha from Sukhraj Singh of Bhilai and another boy of Bhilai through co-accused Satyam Chandrakar and selling it. During the investigation, memorandum statement of applicant/accused Sukhraj Singh has been recorded in which he has admitted to selling Heroin/Chitta to Satyam Chandrakar and other customers mentioned by him and he has also admitted to having five-six grams of Chitta left with him, which he had hidden near the old bridge in Kumhari and has stated to get it recovered. On the basis of information given in the memorandum of applicant/accused Sukhraj Singh, 7.12 grams of Heroin/Chitta has been seized after the Heroin/Chitta buried in the ground under the railway bridge was taken out and presented. After investigation in the case, charge sheet has been filed. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. There is no iota of evidence to show that the applicant committed the offence. The applicant is in judicial custody since 3 18.02.2026 and is the sole earning member of his family, due to which his family members are facing great hardship. It is further submitted that the applicant has no criminal antecedents of a similar nature. According to the prosecution, 7.12 grams of Heroin (Chhitta) was allegedly seized from the possession of the applicant and the total seizure from all the accused persons is 23.13 grams, which is below the commercial quantity prescribed under the relevant notification, wherein small quantity is less than 5 grams and commercial quantity is more than 250 grams. The applicant further submits that no narcotic substance was actually seized from his possession nor was he present at the scene of occurrence, and that he has been falsely implicated due to a police conspiracy. It is also submitted that there are four accused persons in the present crime and three co-accused have already been granted bail by the Hon’ble High Court in MCRC No. 2701/2026 dated 23.06.2026 and MCRC No. 2583/2026 dated 19.03.2026. Therefore, considering the facts and circumstances of the case, it is most humbly prayed that this Hon’ble Court may kindly be pleased to grant bail. 4. On the other hand, learned counsel appearing for the State/non- applicant opposed the bail application and submitted that the charge- sheet has already been filed before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, it is observed that 16.1 grams of contraband, i.e., heroin, has been seized from the possession of the applicant, which is less than the commercial 4 quantity. Further, the co-accused has already been granted bail by this Court in MCRC No. 2583 of 2026 vide order dated 19.03.2026. Considering that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, has been in custody since 18.02.2026, and that the conclusion of the trial is likely to take considerable time, this Court is of the considered view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the Applicant - Sukhraj Singh, involved in Crime No. 261/2025 registered at Police Station – Kabir Nagar District - Raipur Chhattisgarh, for the offence under Section 21(B), 27(A) & 29 of the Narcotic Drugs and Psychotropic Substances 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 5 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice vaibhav