Chattisgarh High Court
Harpreet Kaur vs State Of Chhattisgarh on 19 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:13182
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2583 of 2026
1 - Harpreet Kaur W/o Jodha Singh Aged About 31 Years R/o L.I.G. 02,
Digitally
House No.20, Kabir Nagar Phase 01, P.S. Kabir Nagar Distt- Raipur
AKHILESH signed by
KUMAR AKHILESH
(C.G.) (Partly Mentioned In Order Sheet)
DEWANGAN KUMAR
DEWANGAN
2 - Jodha Singh S/o Shri Satnam Singh Aged About 28 Years R/o L.I.G.
02, House No.20, Kabir Nagar Phase 01, P.S. Kabir Nagar Distt- Raipur
(C.G.) (Partly Mentioned In Order Sheet)
--- Applicant(s)
versus
State Of Chhattisgarh Through- P.S. Kabir Nagar, District- Raipur (C.G.)
--- Respondent(s)
For Applicant(s) : Mr. Pragalbha Sharma, Advocate. For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/03/2026
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 applicants who have been arrested in 2 connection with Crime No. 261/2025 registered at Police Station Kabir Nagar, District- Raipur (C.G.) under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Case of the prosecution, in brief, is that on 27.12.2025, upon receiving secret information, the police of Police Station Kabir Nagar, District Raipur conducted a raid at House No. 01, Kabir Nagar Phase-01 and recovered 16.1 grams of heroin (chitta) from a plastic zipper pouch kept in a drawer of a bed in possession of the applicant/accused, Harpreet Kaur. During interrogation, her memorandum statement was recorded wherein she stated that the contraband was brought by her husband, co-accused Jodha Singh, from Punjab. Upon further inquiry, co-accused Jodha Singh disclosed that he used to procure heroin from Punjab and other places and was involved in its sale at various locations in Raipur. Accordingly, offence under the provisions of the NDPS Act has been registered and investigation is ongoing. Hence, the bail application.
3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and the contraband article was not seized from the exclusive possession of the applicants. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the drawer of a bed in possession of the 3 applicant/accused, Harpreet Kaur 16.1 grams of heroin (chitta) was recovered, which falls under the category of intermediate quantity as the commercial quantity of the alleged contraband article is 250 grams. He later submits that the applicants have no criminal antecedent and they are in jail since 27.12.2025 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, 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 applicants have no criminal antecedents. He further submits that from the drawer of a bed in possession of the applicant/accused, Harpreet Kaur 16.1 grams of heroin (chitta) has been recovered, which kept in plastic zipper pouch and during interrogation, her memorandum statement was recorded wherein she stated that the contraband was brought by her husband, co-accused Jodha Singh, from Punjab, which shows the involvement of both the applicants in the alleged offence. Therefore, the applicants are 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 applicants have no criminal antecedents and 4 the contraband article i.e.16.1 grams of heroin (chitta) recovered from the drawer of a bed in possession of the applicant/accused, Harpreet Kaur is less than the commercial quantity, further the charge-sheet has been filed in the present case before the competent Court, this Court is of the view that the applicants are entitled to be released on bail in this case.
7. Accordingly, the application is allowed.
8. Let the Applicants - Harpreet Kaur and Jodha Singh, involved in Crime No. 261/2025 registered at Police Station Kabir Nagar, District- Raipur (C.G.) under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on their furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita.5
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.
(iv) The applicants 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 applicants are 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 them 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 forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
Akhil