1 2025:CGHC:17666 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2973 of 2025 Santosh Kumar Tripathi S/o Suryabhan Tripathi Aged About 28 Years R/o Ward No. 18, Badkapara, Surajpur, P.S. And Tahsil - Surajpur, District- Surajpur (C.G.) … Applicant versus State Of Chhattisgarh Through- S.H.O., Police Station, Surajpur, District- Surajpur, C.G. ... Respondent For applicant : Shri Pushkar Sinha, Advocate. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.250/2023 registered at Police Station Surajpur, District Surajpur GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.21 13:25:42 +0530 2 (C.G.) for the offence punishable under Sections 21 (C), 27, 29 of N.D.P.S Act. (As per Charge Sheet). 3. Case of the prosecution, in brief, is that on 17/06/2023 during patrolling police received secret information that applicant kept illegal psychotropic substance for selling and thereafter raid was conducted by the police and seized 115 nos. of Fhenramine metal injection and Avil injection and 115 nos. of Buprenorphine injection and upon asking applicant that he purchased it from co-accused Arvind @ Anil Kurre and on that basis report lodged against the applicant for the offence u/s 21 (C), 27, 29 of N.D.P.S Act and he has been arrested on 17/06/2023. 4. Learned counsel for the applicant submits that this is the second bail application of the applicant and the first bail application of the applicant was rejected by this Court on merits vide order dated 14/02/2024. He would submit that this second bail application is filed on the ground that the applicant is a patient of HIV positive and there is a report of the office of Jail Superintendent, District Jail, Surajpur annexed on page number 14 and 15 stating that the applicant is HIV positive patient and he is being given medical treatment from ART Center, Ambikapur. It is further submitted that the applicant is in jail since 17/06/2023, however the trial is concerned, it is in progress and only three witnesses are left, hence, he prays for releasing the applicant on regular bail. 5. On the other hand, learned State counsel opposes the bail application. 6. I have heard learned counsel for the parties and perused the case diary. 3 7. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 14/02/2024 in MCRC No. 252/2024. The first bail application of the applicant was rejected on the ground that the contraband article seized from the possession of the applicant is much above the commercial quantity, but considering the fact that the applicant is a patient of HIV positive and he is languishing in jail since 17/06/2023, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant - Santosh Kumar Tripathi, involved in Crime No.250/2023 registered at Police Station Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 21 (C), 27, 29 of N.D.P.S Act, be released on bail on his 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 4 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. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of four months from the date of receipt of this order in accordance with law, if there is no legal impediment. 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri