[Cites 2, Cited by 0]
Chattisgarh High Court
Jaskaran Singh vs State Of Chhattisgarh on 20 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:17914
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3565 of 2026
Jaskaran Singh S/o Late Mahendra Singh Sandhu Aged About 23 Years R/o-
Near Heerapur Gurudwara, P.S. Kabir Nagar, District Raipur, Chhattisgarh
... Applicant
versus
State of Chhattisgarh Through Police Station Aamanaka, District- Raipur (C.G.)
... Non-applicant
For Applicant : Ms. Madhunisha Singh, Advocate.
For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer.
Digitally signed
Hon'ble Mr. Ramesh Sinha, Chief Justice
by ABHISHEK
SHRIVAS
ABHISHEK
Order on Board
Date:
SHRIVAS 2026.04.21
11:35:38
+0530
20.04.2026
1.
This is the first bail application filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant
who has been arrested in connection with Crime No. 46/2026 registered
at Police Station Aamanaka, District - Raipur (C.G.) for the offence under
Section 21 (b) of the Narcotic Drugs and Psychotropic Substances Act,
1985.
2. The case of the prosecution is that, on 14.02.2026, the Police Station
Aamanaka received information from an informant that near Ring Road
No. 01, close to Tatibandh, four youths were standing together with a
motorcycle bearing registration No. CG04PV6260 and were in
possession of an illegal narcotic substance (heroin/chitta), which they
intended to sell to prospective customers. Acting upon the said
information, the police party, in compliance with the provisions of the
NDPS Act, immediately proceeded to the spot and conducted a raid.
Upon surrounding the accused persons, namely Jaskaran Singh Sandhu,
Rishi Sahu, Vishal Bisen, and Bhupendra Singh, they were apprehended
on the spot. During the search, from the possession and joint control of
the accused persons, kept in the motorcycle bearing registration No. CG
04 PV 6260, one white plastic polythene containing a narcotic substance
(heroin/chitta), along with packaging material, was recovered. Upon
weighment, the total quantity of the seized contraband was found to be
10.28 grams. Thereafter, the police registered Crime No. 46/2026, and
the applicant was arrested in connection with the present matter.
3. It has been argued by the learned counsel for the applicant that the
applicant has been falsely implicated in this case. She submits that an
intermediate quantity of heroin/chitta i.e. 10.28 gms, has been seized
from the possession of the present applicant along with other person,
which is below the commercial quantity. It has been further argued that
the present applicant has no criminal antecedents under the NDPS Act,
and that the applicant has been in jail since 15.02.2026. As the
conclusion of the trial may take some time, she therefore prays for the
grant of regular bail to the applicant.
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.
5. I have heard learned counsel appearing for the parties and perused the
case diary.
6. After hearing the submissions advanced by learned counsel for the
parties and considering the quantity of heroin/chitta i.e. 10.28 gms,
seized from the possession of the applicant along with other co-accused
persons, which is less than the commercial quantity, and further
considering that the applicant has no criminal antecedents under the
NDPS Act, that the charge-sheet has already been filed, that the
conclusion of the trial is likely to take some time, and that the applicant
has been in jail since 15.02.2026, I am of the opinion that the applicant is
entitled to be released on bail in this case.
7. Let the Applicant - Jaskaran Singh, involved in Crime No. 46/2026
registered at Police Station Aamanaka, District - Raipur (C.G.) for the
offence under Section 21 (b) of the Narcotic Drugs and Psychotropic
Substances Act, 1985, be released on bail on furnishing 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 his 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 send a certified copy of this order to the trial Court
concerned for necessary information and compliance.
- Sd/-
(Ramesh Sinha)
Chief Justice
Abhishek
