[Cites 4, Cited by 0]
Chattisgarh High Court
Dikshant Agrawal vs State Of Chhattisgarh on 13 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16888
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1557 of 2026
Dikshant Agrawal S/o Shri Amit Agrawal, Aged About 20 Years R/o Village
Ganiyari, Mini Mata Chowk, Somani, Post Panhador, Police Station Purani
Bhilai, District - Durg, C.G.
... Applicant
versus
State of Chhattisgarh Through Station House Officer Police Station Purani Bhilai,
District - Durg, C.G.
... Non-Applicant
For Applicant : Mr. Jitendra Gupta, Advocate.
For Non-Applicant/State : Mr. Shailedra 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.
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.
2. As per the prosecution story, in brief, on 26.12.2025, the police of Police
Station Bhilai-03 received information 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.
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 applicant and co-accused only
12.870 Grams of Heroin has been seized which is less than the
commercial quantity. It is further submitted that there is one previous
criminal antecedent which was disposed of, 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.
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 is one previous criminal antecedent under the
IPC. It is submitted 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.
5. I have heard learned counsel for the parties and perused the material
available on record.
6. 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 one previous criminal antecedent which was disposed of 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.
7. Let the applicant, Dikshant Agrawal 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.
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
Preeti
