[Cites 3, Cited by 0]
Chattisgarh High Court
Dilbag Singh vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12165
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2382 of 2026
Dilbag Singh S/o Late Ajeet Singh Aged About 55 Years R/o House No.
83, Prathrivi Provins Sarona, P.S. D.D. Nagar, Distt. Raipur,
Chhattisgarh.
... Applicant(s)
versus
Digitally
AKHILESH signed by
KUMAR AKHILESH
DEWANGAN KUMAR
DEWANGAN
State Of Chhattisgarh Through Station House Officer, Police Station
D.D. Nagar, Raipur, Distt. Raipur, Chhattisgarh.
... Respondent(s)
For Applicant(s) : Mr. C.R. Sahu, Advocate.
For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
13/03/2026
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 applicant who has been arrested in
connection with Crime No. 613/2025 registered at Police Station
D.D. Nagar, Raipur, Distt. Raipur (C.G.) under Section 17(B) of
the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Case of the prosecution, in brief, is that as per secret information
received from the informant, the Police of Police Station D.D.
Nagar, Raipur, Distt. Raipur seized 1.075 Kgs of ganja from the
possession of the applicant at open place, which led to the
registration of alleged offence against the applicant and
subsequently, the applicant was arrested, hence the bail
application.
3. Learned counsel for the applicant submits that the applicant has
been falsely implicated in this case and the contraband Ganja was
not seized from the exclusive possession of the applicant. 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 possession of the applicant intermediate quantity of the
psychotropic substance ganja has been seized, and therefore, it
will not attract the rigors of Section 37 of the NDPS Act as the
commercial quantity of ganja as prescribed under the schedule is
more than 20 Kgs and from the possession of the applicant only
1.075 Kgs Ganja has been seized. He later submits that the
applicant has no criminal antecedent and he is in jail since
25.12.2025 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, 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
applicant has no criminal antecedent. He further submits that from
the possession of the applicant contraband article i.e. 1.075 Kgs
of Ganja is seized, therefore, the present applicant is 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 applicant has no criminal antecedent and the
contraband article i.e. 1.075 Kgs Ganja recovered from the
possession of the applicant is less than the commercial quantity
and the charge-sheet has been filed in the present case before
the competent Court, this Court is of the view that the applicant is
entitled to be released on bail in this case.
7. Accordingly, the application is allowed.
8. Let the Applicant - Dilbag Singh, involved in Crime No. 613/2025
registered at Police Station D.D. Nagar, Raipur, Distt. Raipur
(C.G.) under Section 17(B) of the Narcotic Drugs and
Psychotropic Substances Act, 1985, be released on bail on his
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
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 send a certified copy of this order to the trial
Court concerned for necessary information and compliance.
- Sd/-
(Ramesh Sinha)
Chief Justice
Akhil
