Bail granted for intermediate quantity of Heroin considering parity, filed charge-sheet, and stale criminal antecedents.

The applicant, Vishal Bisen, was arrested on 15.02.2026 in connection with Crime No. 46/2026 registered at Police Station Aamanaka, Raipur.

Following a secret tip-off, police intercepted a motorcycle carrying the applicant and co-accused, leading to the recovery of 10.28 grams of Heroin/Chitta.

The applicant filed a first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The prosecution opposed the bail, citing one past criminal antecedent from 2017 under the IPC.

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS considering the quantity of the contraband seized and the principle of parity.

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) regarding the grant of regular bail.

Section 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, noting that the commercial quantity threshold for Heroin is 250 grams.

Principle of parity with respect to a co-accused who was granted bail.

Evaluation of the impact of past criminal antecedents under the Bharatiya Nyaya Sanhita (BNS).

The court observed that the quantity of Heroin recovered (10.28 grams) was significantly lower than the statutory commercial quantity of 250 grams.

The court noted that the applicant had been in detention since 15.02.2026 and the charge-sheet had already been filed.

Regarding the applicant’s criminal record, the court determined that the single antecedent from 2017 was "old and stale" and did not warrant continued detention.

The court found that a co-accused, Jaskaran Singh, had already been granted bail by the same court on 20.04.2026, justifying the application of parity to the current applicant.

The bail is contingent upon furnishing a personal bond with two sureties and adhering to specific conditions, including a prohibition on seeking unnecessary adjournments and mandatory appearance for framing of charges under Section 351 of the BNSS; failure to comply would trigger proceedings under Sections 209 and 269 of the Bharatiya Nyaya Sanhita.