1 2026:CGHC:665 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10531 of 2025 Ujjawal Singh @ Golu S/o Lt. Mukhtar Singh Aged About 32 Years R/o- Village Navataria, Khedamara Jamul, P.S.- Jamul, District - Durg (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Mohan Nagar District- Durg, Chhattisgarh ... Non-Applicant For Applicant : Mr. Mateen Siddiqui, Advocate. For Non-Applicant/State : Mr. Anusha Naik, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.01.2026 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 460/2025 registered at Police Station – Mohan Nagar, District- Durg (C.G.), for the offence punishable under Sections 27(A) and 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 111(2)(B) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in a nutshell, on 10.09.2025 at about 09:40 hours, Police Station Mohan Nagar, District Durg, received secret information regarding six persons transporting and selling the narcotic PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.07 11:39:38 +0530 2 substance Chitta/Heroin in a red Kiger car bearing registration No. CG-07-CH-7776 at the Dhamdha Road Vegetable Market, Durg. After recording the said information and associating independent witnesses, the police party proceeded to the spot. Due to the likelihood of destruction of evidence and the unavailability of senior officers, a search warrant could not be obtained, and a panchnama to that effect was prepared. Upon search of the vehicle, 246 grams of Chitta/Heroin, valued at approximately Rs. 19,68,000/-, was recovered from a trolley bag kept in the boot of the vehicle, along with cash, mobile phones, and other articles. The contraband and the vehicle were seized, sealed, and taken into custody. Thereafter, an FIR was registered under Sections 27(A) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 111(2)(b) of the Bharatiya Nyaya Sanhita, 2023. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the alleged recovery of heroin(Chitta) from the applicants is 246 grams, which is less than the commercial quantity. It is also submitted that co-accused persons, namely, Ayush Bansal, Prashant Masih, Sagar Jaiswal, Rahul Singh @ Shivaji have already been granted bail by this Court in MCRC Nos. 8535/2025, 9344/2025, 8377/2025 and 10290/2025 vide order dated 10.12.2025 and 12.12.2025, further the charge-sheet has been filed, and the applicant has two previous criminal antecedents under the IPC and BNS, further the applicants are in jail since 10.09.2025. Hence, it is prayed that the applicants may be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present bail application. She further submits that 246 grams of heroin was 3 recovered from the joint possession of the applicants, which is less than the commercial quantity. 5. I have Heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that total quantity of 246 grams of heroin was recovered from the joint possession of the applicants, which is less than the commercial quantity, further co-accused persons, namely, Ayush Bansal, Prashant Masih, Sagar Jaiswal, Rahul Singh @ Shivaji have already been granted bail by this Court in MCRC Nos. 8535/2025, 9344/2025, 8377/2025 and 10290/2025 vide order dated 10.12.2025 and 12.12.2025, further the applicant has two previous criminal antecedents and the applicants are in jail since 10.09.2025, the conclusion of the trial is likely to take sometime, this Court is of the opinion that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let applicant - Ujjawal Singh @ Golu involved in Crime No. 460/2025 registered at Police Station – Mohan Nagar, District- Durg (C.G.), for the offence punishable under Sections 27(A) and 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 111(2)(B) of Bharatiya Nyaya Sanhita, 2023, be released on bail on their 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 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 4 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. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti