1 2025:CGHC:31389 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5284 of 2025 • Renu Kulhariya W/o Gurmendra @ Muchru Kulhariya, Aged About 32 Years R/o Dewarpara Subhash Nagar, P.S. Telibandha, District Raipur (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, P.S. Telibandha, District Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Virendra Verma, Advocate For Respondent : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/07/2025 1. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.160/2025 registered at Police Station Telibandha, District-Raipur (C.G.) under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the police has received secret information from the informant and on the said VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 information police conducted a raid and seized 03.60 kgs of cannabis from the possession of the present applicant. Thereafter the police has registered punishable under Section 20-B of NDPS Act against the present applicant. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and the 03.60 kgs contraband Ganja was not seized from the exclusive possession of the applicant. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. It is further submitted by the learned counsel for the applicant is a lady and is having one child who is aged about 2.5 years and she is in jail since 20.03.2025. He also submits that there is one previous criminal antecedent in crime No.861 of 2024 registered at police station- Telibandha, Raipur (C.G), in which she has already granted bail by this Court in MCRC No. 1219 of 2025 vide order dated 12.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail application and submits that the charge-sheet has not been filed in the present case before the competent Court and also endorse the submission that the applicant has one criminal antecedent of NDPS Act in Crime No. 861 of 2024 registered at Police Station- Telibandha District-Raipur(C.G) wherein, she has already been 3 granted bail by this Court in MCRC No.1219 of 2025, vide order dated 12.02.2025, thereafter, she again arrested by the police in present case, therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the applicant has one criminal antecedent of NDPS Act in Crime No. 861 of 2024 registered at Police Station- Telibandha District-Raipur(C.G) wherein, she has already been granted bail by this Court in MCRC No.1219 of 2025, vide order dated 12.02.2025, thereafter, she again arrested by the police in present case but looking to the fact that applicant is a lady and is having one child who is aged about 2.5 years and she is in jail since 20.03.2025 and the trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. It is made clear that if, the present applicant again involves in the same offence, then she shall have to face the consequences of the same. 8. Let the Applicant – Renu Kulhariya, involved inCrime No.160/2025 registered at Police Station Telibandha, District- Raipur (C.G.) under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985., be released on bail on their furnishing personal bond with two sureties in the like sum to 4 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 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. 5 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali