[Cites 4, Cited by 0]
Chattisgarh High Court
Raj Singh @ Sheru vs State Of Chhattisgarh on 13 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16889
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3335 of 2026
Raj Singh @ Sheru S/o Avtar Singh Aged About 35 Years R/o HCL Colony
Shaheed Veer Narayan Telhanala Quater No 224, Police Station Khursipar
Durg, District- Durg (C.G.)
... Applicant
versus
State Of Chhattisgarh Through Station House Officer P.S. Purani Bhilai,
District - Durg (C.G.)
---- Non-applicant
For Applicant : Mr. Aman Tamrakar, Advocate.
For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
13.04.2026
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
Digitally
RAJSHEKHAR signed by
SONI RAJSHEKHAR
SONI
the offence punishable under Section 21(A)(B), 27(A) and 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the
NDPS Act.
2. The prosecution story, in brief, is that a secret information was received
by the Police of Police Station - Purani Bhilai, District - Durg (C.G.)
through the informant and on the basis of such information, the Police
has seized a total of 12.870 Grams of Heroin from the possession of
the applicant and co-accused. Thereafter, the applicant was arrested
by the Police and the aforesaid offence has been registered.
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 are no any
criminal antecedents of the applicant, 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 are no any criminal antecedents of the
applicant. 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 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, Raj Singh @ Sheru 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), 27(A) and 29 of the
NDPS Act, 1985, 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
Rajshekhar
