Baljeet Singh Hundal vs State Of Chhattisgarh

Ramesh Sinha, CJ

This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.305/2025 registered at Police Station Telibandha, Raipur, District Raipur (C.G.) for the offence punishable under Sections 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act of 1985’) read with Section 111 of the Bhartiya Nyaya Sanhita, 2023.

The prosecution story, in brief, is that a secret information was received by the concerned police, upon which, raid has been conducted and 10 grams of heroin has been seized from the possession of the present applicant. Thereafter, applicant was arrested and produced before the learned trial Court, which, remanded him to judicial custody, he is in judicial custody since 21.05.2025.

Learned counsel for the applicant submits that present applicant is innocent and has been falsely implicated in crime in question. It is submitted that the charge-sheet has been filed in this case. It is also submitted that the allegations levelled against the applicant are false. He further submits that applicant is the only bread earner of his family. It is further submitted that there is no criminal antecedent of the applicant, and he is in jail since 21.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

On the other hand, the learned counsel for the State opposes the bail application and submits that though, there is no criminal antecedent of the applicant, but the charge-sheet has been filed in the present case, therefore, this bail application is liable to be rejected.

I have heard learned counsel appearing for the parties and perused the case diary.

After hearing the submissions advanced by learned counsel for the parties as well as the fact that applicant is the only bread earner of his family and also considering the fact that charge-sheet has already been filed. Further, considering the fact that applicant is in jail since 21.05.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case.

Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Baljeet Singh Hundal, involved in Crime No. 305/2025 registered at Police Station Telibandha, Raipur, District Raipur (C.G.) for the offence punishable under Sections 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act of 1985’) read with Section 111 of the Bhartiya Nyaya Sanhita, 2023, 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita.

(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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.

Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.