1 2025:CGHC:17486 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2928 of 2025 Oma Suman W/o Naresh Aged About 25 Years R/o Nilkanth Basti, Anta, Ps Anta, Tehsil - Anta, District- Baran (Rajasthan). ... Applicant(s) versus State Of Chhattisgarh Through Police Station Basna, District- Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Shubhank Tiwari, Advocate. For Respondent(s) : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the third 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 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 No. 15/2024 registered at Police Station Basna, District- Mahasamund (C.G.) for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station conducted raid and seized 40 Kgs of contraband article i.e. Ganja from the possession of applicant and other co-accused persons, thereafter, aforesaid offence has been registered against the applicant and subsequently, she was arrested. Hence, the bail application. 4. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 25.06.2024, thereafter, the second bail application was preferred by the applicant, which was dismissed as withdrawn vide order dated 25.06.2024 in MCRC No.4474/2024, therefore this third bail application is filed on the ground that applicant alongwith other co-accused persons, including present applicant’s husband, Tejashvi Mane and one juvenile were involved in the present case, they were found in the vehicle from which contraband article i.e. Ganja was seized. He further submits that charge-sheet has already been filed in the present case, the applicant is in jail since 09.01.2024 and no charges have been framed against the applicant and she is carrying an infant child aged about 5 years, hence, he prays for releasing the applicant on regular bail. 3 5. On the other hand, learned State counsel opposes the bail application and submits that the quantity of contraband article seized from the joint possession of applicant and other co-accused persons is much more than the commercial quantity, therefore, she is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. From perusal of the records, it transpires that this is the third bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 04.03.2024 in MCRC No. 1376/2024, thereafter, applicant preferred second bail application, which was dismissed as withdrawn vide order dated 25.06.2024 in MCRC No.4474/2024, the first bail application of the applicant was rejected on the ground that the contraband article seized from the joint possession of the applicant is much above the commercial quantity, but considering the fact that the applicant is a lady and she is carrying an infant child with her, she is languishing in jail since 09.01.2024 and her husband (co-accused) is also in jail in the present case, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. 8. Let the Applicant - Oma Suman, involved in Crime No. 15/2024 registered at Police Station Basna, District- Mahasamund (C.G.) for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on her furnishing personal bond with two local sureties in the 4 like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that she 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 her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 9. It is made clear that the order granting bail shall not be treated as parity to her husband or any other co-accused person. 5 10. 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 six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 11. OfÏce 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 Akhil