Citation : 2026 Latest Caselaw 577 Chatt
Judgement Date : 16 March, 2026
1
2026:CGHC:12518
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1039 of 2026
Jashandeep Singh S/o Gurunam Singh Aged About 22 Years R/o Nanded
Gurudwara, Langar Saheb, District - Vajirabad, Maharastra
... Applicant
versus
VAIBHAV
SINGH
Digitally signed by
VAIBHAV SINGH State Of Chhattisgarh Through Station House Officer, Police Station Kabir
Date: 2026.03.16
17:38:55 +0530
Nagar, District Raipur Chhattisgarh ... Respondent
For Applicant : Mr. Abhyuday Tripathi, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board
16.03.2026
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.190/2025
registered at Police Station - Kabir Nagar, District Raipur (C.G.) for the
offences punishable under Sections 21(B) & 18(B) of the NDPS Act
and Section 111 of BNS, 2023 and Section 27 and 27 of the Arms Act.
2. Case of the prosecution, in brief is that on 29.08.2025, acting up-co
secret information, the police of Police Station Kabir Nagar conducted a
search at the residence of accused Rupinder Singh at Veer Savarkar
Nagar, Raipur, and recovered 87.93 grams of heroin, 91 grams of
opium (wrongly mentioned in the order dated 10.11.2025), and
cartridges from his possession and premises. During investigation,
Rupinder Singh disclosed that he, along with his associates, had
brought the contraband from Punjab to Raipur for sale and had
distributed it among his peddlers. The mobile phone data of co-
accused Rupinder Singh allegedly revealed that the applicant, along
with other co-accused persons, was in frequent contact with him and
was one of his subordinate peddlers involved in selling the contraband.
Consequently, the applicant was arrested on 30.08.2025 by the police
of Police Station Kabir Nagar, District Raipur (C.G.), for offences
punishable under Sections 21(b) and 18(b) of the NDPS Act, Section
111 of the BNS, 2023, and Sections 25 and 27 of the Arms Act.
3. Learned counsel for the applicant submits that the present applicant is
innocent and has been falsely implicated in the present case. She
further submits that the said contraband article was not seized from the
possession of the present applicant. She also submits that prosecution
agency has not followed the provisions under Section 42 of the NDPS
Act. She further submits that the applicant has no criminal antecedents
and he has been in jail since 30.08.2025 and conclusion of the trial is
likely to take quite long time. Therefore, she prays for grant of regular
bail to the applicant.
4. On the other hand, learned State counsel opposes the bail application
of the present applicant and submit that the charge-sheet has been
filed in the present case before the competent Court and also endorse
the submission made by the learned counsel for the applicant. He
further submits that from the possession of the present applicant along
with co-accused 87.93 grams of heroin, 91 grams of opium, and
cartridges was 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, the
nature and gravity of the allegations levelled against the present
applicant, and the fact that the co-accused, namely Arbaz Khan, has
already been granted bail vide order dated 05.12.2025 passed in
MCRC No. 9991 of 2025, and further considering that the charge-sheet
has already been filed before the competent Court, that the applicant
has no previous criminal antecedents, and that the applicant has been
in judicial custody since 01.09.2026, and also considering that the
conclusion of the trial is likely to take considerable time, this Court is of
the view that the applicant is entitled to be released on bail in the
present case.
7. Let applicant, Jashandeep Singh, involved in Crime No.190/2025
registered at Police Station - Kabir Nagar, District Raipur (C.G.) for the
offences punishable under Sections 21(B) & 18(B) of the NDPS Act
and Section 111 of BNS, 2023 and Section 27 and 27 of the Arms Act,
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 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
vaibhav
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!