1 CGHC010363202026 2026:CGHC:42620 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8714 of 2026 Mohd. Islamuddin Qureshi S/o Safaruddin Qureshi Aged About 34 Years R/o Musalmanpara, Balod, Police Station City Kotwali Balod, District Balod Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Arjuni, District Dhamtari Chhattisgarh ... Non-Applicant(s) For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Rakesh Mohan Pandey, Judge Order on Board 30/09/2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 56/2026 registered at Police Station Arjuni, District Dhamtari (C.G.) for the offences punishable under Sections 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution, in brief, is that on 13.04.2026, the police received secret information that the present applicant along KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 with co-accused Anita Netam and Nizamuddin Qureshi were carrying prohibited contraband, namely heroin (chitta), in a Maruti Swift Dzire bearing registration No. CG 04 PT 8329 and were waiting for a customer for its sale. On the basis of the said information, the police intercepted the vehicle and searched the same. The prohibited contraband i.e. 56 grams of Heroin (Chitta) was allegedly recovered from the dashboard of the vehicle, which was stated to be in the joint possession of the applicant and the co- accused persons. Accordingly, the applicant and other co-accused persons were arrested for the aforesaid offences. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. He would further submit that the co-accused persons, namely Anita Netam and Nizamuddin Qureshi, have already been granted bail by the Coordinate Bench of this Court in MCRC No. 5005/2026 and MCRC No. 5983/2026, both vide orders dated 09.07.2026. It is submitted that the case of the present applicant is identical to that of the co-accused persons who have already been enlarged on bail. He would further submit that the quantity of the contraband, heroin, is 56 grams, which is more than the small quantity but less than the commercial quantity. He would further contend that although three criminal antecedents have been mentioned against the applicant, the applicant has specifically stated in Part-D of the bail application that the criminal antecedents mentioned at Serial Nos.2 and 3 do not pertain to him and belong to another person, whereas the criminal antecedent mentioned at Serial No.1 relates to an offence 3 under the NDPS Act and is pending against him and the applicant is in custody since 13.04.2026, charge-sheet has already been filed before the competent Court and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel would oppose the prayer for grant of bail and submits that the quantity of contraband involved in the present case is less than commercial quantity and the charge- sheet has already been filed before the competent Court. She would further submit that, so far as the criminal antecedents of the applicant are concerned, he has three criminal antecedents, out of which one case of similar nature under the NDPS Act is still pending, wherein 2.920 grams of Ganja was allegedly seized from him. As such, the applicant is a habitual offender and is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary as well as the material available on record. 6. Having considered the facts and circumstances of the case, the quantity of contraband allegedly seized from the joint possession of the applicant and the other co-accused persons, the fact that the charge-sheet has already been filed before the competent Court and that the applicant is in custody since 13.04.2026 and further considering the fact that the co-accused persons, namely Anita Netam and Nizamuddin Qureshi, have already been granted bail by a Coordinate Bench of this Court in MCRC No. 5005/2026 and MCRC No. 5983/2026, both vide orders dated 09.07.2026 and the 4 case of the present applicant is stated to be identical to that of the said co-accused persons and also considering the criminal antecedents of the applicant as mentioned in Part-D of the bail application, as only one case of similar nature is pending against him, thus without further commenting upon the merits of the case, this Court is inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. - S/- Sd/- (Rakesh Mohan Pandey) Judge Kunal