[Cites 4, Cited by 0]
Chattisgarh High Court
Satyam Chandrakar vs State Of Chhattisgarh on 23 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:13802
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2701 of 2026
Satyam Chandrakar S/o Dilip Chandrakar Aged About 28 Years R/o-
Sunder Nagar, Raipur District- Raipur, Chhattisgarh.
... Applicant
versus
State of Chhattisgarh Through- Police Station- Kabir Nagar, District-
Raipur, Chhattisgarh.
... Non-applicant
For Applicant : Mr. Virendra Kashyap, Advocate
For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
23.03.2026
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.
261/2025 registered at Police Station Kabir Nagar, District- Raipur
(C.G.) for the offence under Sections 21(b), 27(a) and 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Case of the prosecution, in brief is that on 27.12.2025, acting on the
basis of secret information, the police conducted a raid at House
RAHUL No. 01, LIG Phase-I, belonging to co-accused Harpreet Kaur, from
DEWANGAN
Digitally
signed by
RAHUL
DEWANGAN
where 16.1 grams of heroin (chitta) was allegedly recovered from a
drawer of a bed, during the course of investigation, co-accused
Harpreet Kaur, in her memorandum statement, allegedly disclosed
that the said contraband had been brought by her husband, co-
accused Jodha Singh, from Punjab, and thereafter co-accused
Jodha Singh, in his memorandum statement, allegedly stated that
he had procured the contraband from co-accused Sukhraj Singh of
Bhilai and had sold the same along with the present applicant,
Satyam Chandrakar, it is further alleged that 7.12 grams of chitta
was seized from co-accused Sukhraj Singh and that the present
applicant had allegedly consumed narcotic substances, and on the
basis of the aforesaid allegations, the present bail application has
been filed.
3. Learned counsel for the applicant submits that the present applicant
is innocent and has been falsely implicated in the present case. He
further submits that the said contraband article was not seized from
the possession of the present applicant. He also submits that
prosecution agency has not followed the provisions under Section
42 of the NDPS Act. He further submits that co-accused persons,
namely, Harpreet Kaur and Jodha Singh have already been granted
bail by this Court vide order dated 19.03.2026 in MCRC No.
2583/2026. He also submits that the applicant has no criminal
antecedents and he is in jail since 18.02.2026 and conclusion of the
trial is likely to take quite long time. Therefore, he prays for grant of
regular bail to the applicant on the ground of parity.
4. On the other hand, learned counsel for the State opposes the bail
application of the applicant and submits that the charge-sheet has
been filed before the competent Court, but could not dispute the fact
that co-accused persons have already been granted bail by this
Court.
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
that in the present bail application the charge-sheet has been filed
before the competent Court, the said contraband article was not
recovered form the exclusive possession of the applicant the
contraband article i.e. 16.01 grams of heroin (chitta) recovered from
the drawer of a bed in possession of the co-accused, Harpreet
Kaur, is less than the commercial quantity, and further the co-
accused persons, namely, Harpreet Kaur and Jodha Singh have
already been granted bail by this Court vide order dated 19.03.2026
in MCRC No. 2583/2026, and the applicant has no criminal
antecedents and he is in jail since 18.02.2026 and conclusion of the
trial may take some time, therefore, this Court is of the view that the
applicant is entitled to be released on bail in this case.
7. Accordingly, the bail application of the applicant is allowed. Let the
Applicant - Satyam Chandrakar, involved in Crime No. 261/2025
registered at Police Station Kabir Nagar, District- Raipur (C.G.) for
the offence under Sections 21(b), 27(a) and 29 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 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 send a certified copy of this order to the trial
Court concerned for necessary information and compliance
forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Rahul Dewangan
