1 2026:CGHC:19625 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3860 of 2026 Himanshu Barman S/o Chaitu Ram Barman Aged About 34 Years R/o Satnami Para Kunda, District Kawardha (C.G.), At Present Quarter No. 123 Police Line, Janta Colony, District Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer P.S. Tikrapara, District - Raipur (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Tarendra Kumar Jha, Advocate. For Non-Applicant(s) : Ms. Smriti Shrivastava, 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 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. 119/2026 registered at Police Station Tikrapara District- Raipur (C.G.) for the offence punishable under Sections 21(b) of NDPS Act. 2. Case of the prosecution, in brief, is that on 10.02.2026, upon receiving secret information, the concerned Police Officials was conducted a raid behind Nilkantheshwar Temple, Mathpara, Raipur. At the time of the raid, the present applicant was apprehended and from his possession, 1 gram of Chitta (Heroin), one Axis vehicle bearing KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 registration No. CG 04 PW 1372, and two mobile phones were seized. During the course of investigation, the memorandum statement of the applicant was recorded and on the basis of the said memorandum, another co-accused, namely Lucky Singh, resident of Bhatgaon, was arrested on 12.02.2026. From his possession, 6 grams of Chitta was seized by the police. Based upon such, crime has been registered against the accused. 3. Learned counsel for the applicant submits that the applicant/accused is innocent and has been falsely implicated in the present case, the applicant is a constable by profession and has already been placed under suspension from service due to the present case. It is further submitted that as per the prosecution story itself, only 1 gram of Chitta (Heroin) has been seized from the possession of the present applicant, which is much below the notified small quantity, i.e., less than 5 grams (as per Sr. No. 56), and far below the commercial quantity of 250 grams. It is also submitted that the applicant is in judicial custody since 11.02.2026, and the trial is likely to take considerable time for its final conclusion and further the applicant has no criminal antecedent and there is no likelihood of his absconding or tampering with the prosecution witnesses. Accordingly, he prays for grant of bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the present applicant is a constable, and despite being a member of the disciplined force, he has been found involved in an offence under the NDPS Act, which is a serious matter. It is further submitted that though 1 gram of Chitta (Heroin) has been seized from the possession of the applicant, which falls within the 3 small quantity (less than 5 grams) as against the commercial quantity of 250 grams, the involvement of the applicant in such activities cannot be taken lightly. It is also submitted that the applicant has already been placed under suspension from his services due to the present incident. Considering the overall facts and circumstances of the case, it is prayed that the bail application of the applicant be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the submissions made and the material available on record, it is evident that the applicant has been in custody since 11.02.2026, has no previous criminal antecedents and has already been placed under suspension from service. It is further observed that only 1 gram of Chitta (Heroin) has been seized from the possession of the applicant, which is below the notified small quantity. The investigation is complete, the charge-sheet has been filed before the competent Court and there appears to be no likelihood of the applicant tampering with the prosecution evidence or influencing the witnesses. Further custodial interrogation of the applicant is not required. In view of the aforesaid facts and circumstances, the applicant is entitled to be released on bail. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the Applicant-Himanshu Barman, involved in Crime No. 119/2026 registered at Police Station Tikrapara District- Raipur (C.G.) for the offence punishable under Sections 21(b) of NDPS Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the 4 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. (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. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal