[Cites 3, Cited by 0]
Chattisgarh High Court
Omkar Singh vs State Of Chhattisgarh on 13 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16887
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3123 of 2026
Omkar Singh S/o Late Kundan Singh Aged About 23 Years R/o Subhash
Market, Road No. 2, Quarter No. 89/ F, New Khursipar, Thana Khursipar, Dist.-
Durg (C.G.)
... Applicant
versus
State of Chhattisgarh Through Station House Officer, P.S- Old Bhilai, Distt.-
Durg (C.G.)
... Non-Applicant
For Applicant : None.
For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
Digitally
signed by
PREETI
PREETI KUMARI
KUMARI Date:
2026.04.15 13.04.2026
10:35:41
+0530
1.
None appears on behalf of the applicant to press this application when
the case is called out, however, with the assistance of the learned
State counsel, this Court proceeds to hear and decide this bail
application.
2. The applicant has preferred this First Bail Application under Section 483
of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as
he has been arrested in connection with Crime No. 517/2025, registered
at Police Station - Purani Bhilai, District - Durg (C.G.) for the offence
punishable under Section 21(A)(B) and 27(A) of the Narcotic Drugs and
Psychotropic Substances Act, 1985, for short, the NDPS Act.
3. As per the prosecution story, in brief, as per secret information received
from the informant that certain persons were consuming prohibited
intoxicating substances. Acting upon the said information, the police
conducted a raid and recovered 2.10 grams of heroin (commonly known
as "chitta") along with a cash amount from the possession of the present
applicant. The police also seized certain prohibited contraband articles
from the possession of other co-accused persons. Accordingly, an FIR
has been registered against the present applicant and the other
co-accused persons for the commission of the alleged offences.
4. It has been pleaded in the bail application 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. Further, there is no previous
criminal antecedents and he is in jail since 26.12.2025 and the conclusion
of the trial is likely to take quite long time. Therefore, he prays for grant of
regular bail to the applicant.
5. 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 is no previous criminal antecedent and that a total
of 12.870 Grams of Heroin has been recovered from the possession of
the applicant and co-accused, therefore, this bail application is liable to
be rejected.
6. I have heard learned counsel for the applicant and perused the material
available on record.
7. After hearing the submissions advanced by learned counsel for the
parties as well as considering the quantity of contraband article seized
from the possession of the applicant and co-accused i.e. a total of 12.870
Grams of Heroin, which is less than the commercial quantity. Also
considering the fact that charge-sheet has been filed, and further that
there is no previous criminal antecedents and the applicant is in jail since
26.12.2025 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.
8. Let the applicant, Omkar Singh involved in Crime No. 517/2025,
registered at Police Station - Purani Bhilai, District - Durg (C.G.) for the
offence punishable under Section 21(A)(B) and 27(A) of the Narcotic
Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act.,
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 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 provide a certified copy of this order to the trial Court
concerned for necessary information and compliance forthwith.
10. After passing of the order, Mr. J.K. Gupta, learned counsel for the
applicant appeared and submits that his presence may be marked.
Sd/-
(Ramesh Sinha)
Chief Justice
Preeti
