1 2025:CGHC:39958 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5927 of 2025 Rahman Taj S/o Samsuddin Aged About 28 Years R/o Village - Kalyanpur (Schoolpara) P.S. Surajpur, District- Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through - S.H.O Police Station - Ramanujnagar, District- Surajpur, (Wrongly Mentioned In Order Sheet As Sarguja) (C.G.) ... Respondent For Applicant : Shri Pushkar Sinha, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/08/2025 1. This is the 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.177/2024 registered at Police Station Ramanujnagar, District- Surajpur (C.G.) for the offence punishable under Sections 21 (C), 29 of N.D.P.S Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.11 17:04:21 +0530 2 2. Case of the prosecution, in brief, is that on 18/11/2024, as per secret information received from the informant, the Police of Police Station Ramanujnagar, District-Surajpur conducted raid and near Village Narayanpur three person came in motorcycle and after searching seized 22 bottles of Onerex Cough Syrup, 48 vial of Buprenorphine Injection, 69 vial of Buprenorphine Injection, 200 vial of Avil Injection and Alprazolam tablets 550 tablets from co-accused Jaiprakash @ Ajay Sahu and from present applicant and another co-accused Suryakant Rajwade fled away from that place, and on that basis report lodged against the applicant for the offence U/s 21 (C), 29 of N.D.P.S Act, and applicant has been arrested on 18/11/2024. 3. Learned counsel for the applicant submitted that the applicant is a patient of HIV positive and the said fact has been verified by the learned State counsel from the Jail Authorities and has produced the medical instructions showing the said fact and it is admitted that the applicant is a patient of HIV positive. He would submit that the charge sheet has been filed in this case, applicant is in jail since 18/11/2024 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case. It has further been pointed out by the learned State counsel that co-accused bail application has been rejected in MCRC No.4146/2025 on 29/05/2025. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, submissions of learned counsel for the parties, specially considering the fact that the applicant is a HIV positive patient, period of detention of the applicant since 18/11/2024, charge sheet has been filed and also considering the fact that 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. Accordingly, the bail application is allowed and it is directed that the Applicant- Rahman Taj, involved in Crime No.177/2024 registered at Police Station Ramanujnagar, District- Surajpur (C.G.) for the offence punishable under Sections 21 (C), 29 of N.D.P.S 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 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 4 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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri