1 2026:CGHC:19620 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1446 of 2026 Baghel Singh S/o Balbir Singh Jaat Aged About 37 Years R/o Tarntaran Nurdi Adda Chowk, Near Hariram Rice Mill, P.S. City, District Tarntaran (Punjab). ... Applicant versus State of Chhattisgarh Through Police Station- Amanaka, Distt.- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.04.2026 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. 372/2025 registered at Police Station Amanaka, District – Raipur (C.G.) for the offence under Section 21 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the case of the prosecution, on 03.12.2025, acting on a ‘mukhbir’ (informant) tip, the police conducted a raid near JP Garden, Sarona Railway Station Road. The police apprehended the applicant, who was allegedly carrying a dark brown bag and suspected of carrying a narcotic ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.29 11:13:56 +0530 2 substance. Upon search, a plastic pouch containing 51.85 grams of a substance identified as heroin (chitta) was recovered from the said bag. The police also seized one Oppo mobile phone. Consequently, the applicant was arrested and the aforesaid F.I.R. was registered. 3. It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He submits that an intermediate quantity of the psychotropic substance, i.e., 51.85 grams of Heroine (Chitta), has been seized from the possession of the present applicant, which is below the commercial quantity. It has been further argued that the present applicant has no criminal antecedents under the NDPS Act, and that the applicant has been in jail since 03.12.2025. As the conclusion of the trial may take some time, he therefore prays for the 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. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. After hearing the submissions advanced by learned counsel for the parties and considering the quantity of the psychotropic substance, i.e., 51.85 grams of Heroine (Chitta), seized from the possession of the applicant, which is less than the commercial quantity, and further considering that the applicant has no criminal antecedents under the NDPS Act, that the charge-sheet has already been filed, that the conclusion of the trial is likely to take some time, and that the applicant has been in jail since 03.12.2025, I am of the opinion that the applicant is entitled to be released on bail in this case. 3 7. Let the Applicant - Baghel Singh, involved in Crime No. 372/2025 registered at Police Station Amanaka, District – Raipur (C.G.) for the offence under Section 21 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 his 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 4 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 Abhishek