Facts
The applicants filed their First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail.
Source reference: para 1On 05.12.2025, police apprehended co-accused Mrityunjay Dubey and seized 13.03 grams of Heroin from his vehicle.
Source reference: para 2The co-accused’s memorandum statement implicated the applicants, alleging they traveled to Punjab to procure Heroin for sale in Raipur.
Source reference: para 2The applicants were arrested on 18.02.2025.
Source reference: para 3Counsel for the applicants argued that no recovery was made from their physical possession, the quantity seized from the co-accused was "less than commercial," and the charge-sheet had already been filed.
Source reference: para 3Issues
Whether the applicants are entitled to regular bail under Section 483 of the BNSS, 2023, considering the lack of physical recovery and the quantity of the seized contraband.
Source reference: para 1, 6Law Applied
Section 20(B), 25, and 27(A) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and Section 111 of the Bhartiya Nyay Sanhita (BNS), 2023.
Source reference: para 1NDPS Act Schedule 1 to determine that 13.03 grams of Heroin constitutes less than "commercial quantity".
Source reference: para 3, 6Bharatiya Nagarik Suraksha Sanhita (BNSS), specifically regarding the accused's attendance and conduct during trial under Sections 269 and 84.
Source reference: para 7Reasoning
The Court observed that the primary evidence against the applicants was the memorandum statement of a co-accused.
Source reference: para 6Crucially, the Court noted that no contraband was recovered from the personal possession of the applicants.
Source reference: para 3, 6Furthermore, the quantity of Heroin seized from the co-accused (13.03 grams) was determined to be below the commercial threshold defined by the NDPS Act, which significantly relaxes the stringent bail rigors typically applied to commercial quantities.
Source reference: para 4, 6The Court also took into account that the charge-sheet had been filed, the applicants had been in custody since February 2025, and the trial was unlikely to conclude in the near future.
Source reference: para 3, 6Despite the presence of minor criminal antecedents, the Court found that the facts justified the grant of liberty.
Source reference: para 6Holding
The Court concluded that under the specific circumstances—lack of recovery, non-commercial quantity, and filing of the charge-sheet—the applicants were entitled to bail.
The Court allowed the bail application and ordered the release of Khilawan Sahu and Sonu Sahu upon furnishing a personal bond and two sureties.
Source reference: para 7The holding is conditioned upon the applicants’ regular appearance before the trial court and a prohibition against seeking unnecessary adjournments.
Source reference: para 7(i)-(iv)Original Court PDF
KHILAWAN SAHUvsSTATE OF CHHATTISGARH
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