1 2025:CGHC:917 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 123 of 2025 Dharamdas Ogre S/o Vishesher Ogre Aged About 45 Years (Name Of Father Wrongly Mentioned In The First Bail Order- Sheet), R/o Kadapara, P.S. Kharora,, District- Raipur ( C.G.). ... Applicant versus State Of Chhattisgarh Through- The Police Station Basna, District- Mahasamund ( C.G.). ---- Non-applicant For Applicant : Mr. Tanuj Patwardhan, Advocate. For Non-Applicant : Mr. S.S. Baghel, Deputy Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.01.2025 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 345/2024 registered at Police Station Basna, District- Mahasamund (C.G.) for the offence punishable under Section 20(B) of the NDPS Act. 2. The earlier bail application of the applicant has already been rejected by this Court in MCRC No. 5974/2024, vide order dated 06.11.2024 on the ground that the applicant has one previous criminal antecedent KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 under the NDPS Act. Hence this second bail application. 3. The prosecution story in brief, is that, as per secret information received by the Police of Police Station-Basna, District-Mahasamund (C.G.) through the informant, on the basis of such information, the concerned Police have seized a total of 1.900 Kgs of Ganja from the possession of the present applicant along with co-accused person. Thereafter, the applicant was arrested by the Police of Police Station Basna, District-Mahasamund for the aforesaid offence. 4. Learned counsel for the applicant submits that the earlier bail application of the applicant was rejected by this Court vide order dated 06.11.2024 in MCRC No. 5974/2024 only on the ground that the applicant has one previous criminal antecedents under the NDPS Act and the new ground for filing of the second bail application is that the applicant is suffering from liver cirrhosis and he required immediate medical treatment, which cannot be performed in the jail. Moreover he submits that the recovery of contraband article made from his possession, was less than the commercial quantity and further the case which was pending under the NDPS Act, the applicant has already been acquitted by the learned trial Court on 14.01.2015, a copy of said order is obtained from the web portal. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State counsel would oppose the bail application and submits that the applicant has one previous criminal antecedent under the NDPS Act and as such he is a habitual offender. Hence this second bail application of the applicant is liable to be rejected. 6. From perusal of the order dated 06.11.2024, it is apparent that the bail 3 application of the present applicant was rejected by this Court on 06.11.2024 being MCRC No. 5974/2024, on the ground that the applicant has a criminal antecedent under the NDPS Act and the new ground for filing of the second bail application is that the applicant is suffering from liver cirrhosis and he required immediate medical treatment which cannot be performed in the jail moreover, he submits that the recovery of contraband article made from his possession, was less than the commercial quantity and further the case which was pending under the NDPS Act, the applicant has already been acquitted by the learned trial Court on 14.01.2015, a copy of said order is obtained from the web portal and is taken on record, hence this Court deems it appropriate to release the applicant on bail. 7. Let the Second bail application of the applicant namely- Dharamdas Ogre, involved in Crime No. 345/2024 registered at Police Station Basna, District- Mahasamund (C.G.) for the offence punishable under Section 20(B) of the NDPS Act, be released on bail on his furnishing a 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 sufÏcient 4 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 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 sufÏcient 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal