1 2026:CGHC:16121 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3127 of 2026 Divya Jain D/o Lalit Jain Aged About 25 Years R/o G 112, R.D.A. Colony, Near Bengali Hotel, Behind Avinash Pride, Hirapur P.S. Kabirnagar, Raipur, Distt. Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Kabirnagar, Raipur, Distt. Raipur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Dr. Sudeep Agrawal, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/04/2026 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 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Kabirnagar, Raipur, Distt. Raipur (C.G.) under Section 21(B), 21(C), 29 and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 111 of BNS. 2. Case of the prosecution, in brief, is that on 21.08.2025, the police officials of Police Station Kabinagar, 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 is innocent and has falsely been implicated in this case. He further submits that the main accused in the present case is co-accused, Manmohan @ Jaggu, and co-accused persons, who are lady, namely, Jaspreet Kaur @ Bobby and Harpreet Kaur @ Happy have been granted bail by this Court vide orders dated 18.03.2026 and 01.04.2026 passed in MCRC Nos. 2539 of 2026 and 2919 of 2026, co-accused, Jaspreet Kaur has been granted bail on the ground that no any independent corroborative evidence, no 3 contraband has been recovered from her possession, the alleged amount in her bank account has not been specified by the prosecution and her implication appears to be based only on her matrimonial relationship with the main accused, Manmohan which is insufficient to establish her involvement and co-accused, Harpreet Kaur, has been granted bail on the ground that she is having a child aged about 4 years. So far as present applicant is concerned, she is a meritorious student and has been falsely implicated in the present case, she was acquainted with the co- accused, Manmohan Singh since her school days, and had merely agreed to keep a closed box given by him to her, without having any knowledge of its contents. Thus, the applicant was not in a conscious possession of the seized package, which is abundantly clear from the memorandum statement of co-accused. He later submits that the applicant is a meritorious student and had secured first rank in B.Com and presently preparing for chartered accountant examination and her prolonged incarceration would severely affect her carrier, further she has no criminal antecedent and she is in jail since 21.08.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that the 4 applicant has no criminal antecedent. She further submits that from the possession of the applicant contraband article i.e. 28.16 gram of heroin/chitta is seized. She also submits that bail application of the co-accused, namely, Harsh Rathi, who entered into monetary transactions with the co-accused, Manmohan for the purpose of dealing in contraband, has already been rejected by this Court vide order dated 01.04.2026 passed in MCRC No.2862 of 2026, 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 and the fact that the applicant has no criminal antecedent and the contraband article i.e. 28.16 gram of heroin/chitta recovered from the possession of the applicant is above than the commercial quantity, for which, it is submitted that the applicant was acquainted with the co-accused, Manmohan Singh (main accused), since her school days and had merely agreed to keep a closed box handed over to her by him, in which the alleged contraband was concealed, without having any knowledge of its contents, but considering the fact that present applicant is a lady and is unaware of the article concealed in the box, as such, the case of present applicant is distinguishable from that of the co- accused, Harsh Rathi, who entered into monetary transactions 5 with the main accused, Manmohan for the purpose of dealing in contraband, further the charge-sheet has been filed in the present case, 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 - Divya Jain, involved in Crime No. 183/2025 registered at Police Station Kabirnagar, Raipur, Distt. Raipur (C.G.) under Section 21(B), 21(C), 29 and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 111 of BNS, be released on bail on her furnishing 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 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 6 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 concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil