1 2026:CGHC:13793 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2721 of 2026 1 - Rakesh Kumar S/o Ashik Sikh @ Tula Aged About 42 Years R/o Flat No.21, Bsup Colony, Jarvay Tatibandh Hirapur, P.S. - Kabirnagar, Raipur, Distt - Raipur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Amanaka, Raipur, Distt - Raipur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Shubhak Tiwari, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.03.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 17/2026, registered at Police Station: Amanaka, District- Raipur (C.G.) for the offence punishable under Sections 21(B) & 29 of the NDPS Act. 2. The prosecution story, in brief, is that on 15.01.2026 a secret information was received by the Police of Police Station – Amanaka, District – Raipur (C.G.) through the informant and on the basis of such information, the Police has seized 15.32 Gms heroin from the applicant and 9.95 Gms Heroin from co-accused, ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2026.03.25 10:27:35 +0530 2 namely, Harbhajan. Thereafter, the applicant was arrested by the Police and the aforesaid offence has been registered. 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 submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicants intermediate quantity of the psychotropic substance Heroin has been seized, and therefore, it will not attract the rigors of Section of the NDPS Act as the commercial quantity of Heroin as prescribed under the schedule is more than 250 gms and from the possession of the applicant only 15.32 gms Heroin has been seized. It is further submitted that there are no any criminal antecedents of the applicant, and he is in jail since 15.01.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 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 case and there are no any criminal antecedents of the applicants. It is submitted that a total of 15.32 Gms has been recovered from the possession of the applicant, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Heroin seized 3 from the possession of the applicant i.e. a total of 15.32 Gms, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed, and further that the applicant is in jail since 15.01.2026 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Rakesh Kumar, involved in Crime No. 17/2026, registered at Police Station : Amanaka, District- Raipur (C.G.) for the offence punishable under Sections 21(B) & 29 of NDPS 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. 4 (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS is issued and the applicant fail 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 Saxena