[Cites 3, Cited by 0]
Chattisgarh High Court
Harpreet Kaur vs State Of Chhattisgarh on 19 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:13182
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2583 of 2026
1 - Harpreet Kaur W/o Jodha Singh Aged About 31 Years R/o L.I.G. 02,
Digitally
House No.20, Kabir Nagar Phase 01, P.S. Kabir Nagar Distt- Raipur
AKHILESH signed by
KUMAR AKHILESH
(C.G.) (Partly Mentioned In Order Sheet)
DEWANGAN KUMAR
DEWANGAN
2 - Jodha Singh S/o Shri Satnam Singh Aged About 28 Years R/o L.I.G.
02, House No.20, Kabir Nagar Phase 01, P.S. Kabir Nagar Distt- Raipur
(C.G.) (Partly Mentioned In Order Sheet)
--- Applicant(s)
versus
State Of Chhattisgarh Through- P.S. Kabir Nagar, District- Raipur (C.G.)
--- Respondent(s)
For Applicant(s) : Mr. Pragalbha Sharma, Advocate.
For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
19/03/2026
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 applicants who have been arrested in
connection with Crime No. 261/2025 registered at Police Station
Kabir Nagar, District- Raipur (C.G.) under Section 21(b) of the
Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Case of the prosecution, in brief, is that on 27.12.2025, upon
receiving secret information, the police of Police Station Kabir
Nagar, District Raipur conducted a raid at House No. 01, Kabir
Nagar Phase-01 and recovered 16.1 grams of heroin (chitta) from
a plastic zipper pouch kept in a drawer of a bed in possession of
the applicant/accused, Harpreet Kaur. During interrogation, her
memorandum statement was recorded wherein she stated that
the contraband was brought by her husband, co-accused Jodha
Singh, from Punjab. Upon further inquiry, co-accused Jodha
Singh disclosed that he used to procure heroin from Punjab and
other places and was involved in its sale at various locations in
Raipur. Accordingly, offence under the provisions of the NDPS Act
has been registered and investigation is ongoing. Hence, the bail
application.
3. Learned counsel for the applicants submits that the applicants
have been falsely implicated in this case and the contraband
article was not seized from the exclusive possession of the
applicants. 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 drawer of a bed in possession of the
applicant/accused, Harpreet Kaur 16.1 grams of heroin (chitta)
was recovered, which falls under the category of intermediate
quantity as the commercial quantity of the alleged contraband
article is 250 grams. He later submits that the applicants have no
criminal antecedent and they are in jail since 27.12.2025 and the
conclusion of the trial is likely to take quite long time. Therefore,
he prays for grant of regular bail to the applicants.
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
applicants have no criminal antecedents. He further submits that
from the drawer of a bed in possession of the applicant/accused,
Harpreet Kaur 16.1 grams of heroin (chitta) has been recovered,
which kept in plastic zipper pouch and during interrogation, her
memorandum statement was recorded wherein she stated that
the contraband was brought by her husband, co-accused Jodha
Singh, from Punjab, which shows the involvement of both the
applicants in the alleged offence. Therefore, the applicants are
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 applicants have no criminal antecedents and
the contraband article i.e.16.1 grams of heroin (chitta) recovered
from the drawer of a bed in possession of the applicant/accused,
Harpreet Kaur is less than the commercial quantity, further the
charge-sheet has been filed in the present case before the
competent Court, this Court is of the view that the applicants are
entitled to be released on bail in this case.
7. Accordingly, the application is allowed.
8. Let the Applicants - Harpreet Kaur and Jodha Singh, involved in
Crime No. 261/2025 registered at Police Station Kabir Nagar,
District- Raipur (C.G.) under Section 21(b) of the Narcotic Drugs
and Psychotropic Substances Act, 1985, be released on bail on
their furnishing personal bond with two sureties each in the like
sum to the satisfaction of the Court concerned with the following
conditions:-
(i) The applicants shall file an undertaking to the
effect that they 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 applicants shall remain present before the
trial court on each date fixed, either personally or
through their counsel. In case of their absence,
without sufficient cause, the trial court may proceed
against them under Section 269 of Bharatiya Nyaya
Sanhita.
(iii) In case, the applicants misuse the liberty of bail
during trial and in order to secure their presence,
proclamation under Section 84 of BNSS. is issued
and the applicants fail to appear before the court on
the date fixed in such proclamation, then, the trial
court shall initiate proceedings against them, in
accordance with law, under Section 209 of the
Bharatiya Nyaya Sanhita.
(iv) The applicants 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
applicants are 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 them 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
forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
Akhil
