1 2025:CGHC:48183 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7508 of 2025 Javed Khan S/o Sheikh Ismile Khan Aged About 26 Years R/o Sarsivan, Police Station Sarsiwa, District : Sarangarh-Bilaigarh, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Basna, District : Mahasamund, Chhattisgarh ... Non-applicant For Applicant : Mr. Raghvendra Pradhan, Advocate For Res/State : Ms. Shailja Shukla, Deputy Government Advocate Hon'ble Shri Justice Sachin Singh Rajput Order on Board 18.09.2025 1. This is the second bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant who is in custody in connection with Crime No. 351 of 2022 registered at Police Station Basna, District Mahasamund (C.G.) for the offence punishable under Section 20(B) and 29 of NDPS Act, 1985. presently the charge sheet has been filed before the learned Special Judge and the trial is going on. 2 2. This Court on 27.09.2022, granted regular bail to the applicant in MCRC No. 8020 of 2022 while imposing certain conditions, one of which was that the applicant shall appear before the learned trial Court on each and every date given to him before the said Court till disposal of the trial. It appears that the applicant failed to appear before the learned trial Court on 12.03.2024 and since bail bond was forfeited, a bailable warrant was issued against him. Thereafter on 26.08.2025, the applicant surrendered before the learned trial Court and moved an application for grant of bail and cancellation of bailable warrant, which was rejected by the learned trial Court on the same day. 3. Learned counsel for the applicant would submit that after the bail was granted by this Court, the applicant was regularly appearing before the learned Trial Court, however, on the said date i.e. 12.03.2024, there was miss-communication between the applicant and his counsel, therefore, he could not appear and thereafter, he fell sick and went out to earn his livelihood and as such, he was not aware of the next hearing dates to appear before the learned Trial Court. He further submits that as soon as the Applicant came to know about the same, he surrendered and is now behind the bars, therefore, this bail application has been filed for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that despite bail being granted to the applicant and conditions imposed upon him, he failed to adhere to the same. He further submits that the Applicant remained absconding from12.03.2024 till 26.08.2025 as a result of which, the trial was delayed therefore, this bail application may be rejected. 3 5. Heard learned counsel for the parties and perused the material annexed with the bail application. 6. Admittedly, the first bail application of the applicant was allowed and he was granted bail with certain conditions one of which was that he would regularly appear before the learned trial Court on all such dates provided to him for his appearance. Though the Applicant was regularly appearing but from 12..03.2024 till 26.08.2025 he remained absconding and further, taking into consideration the conduct of the applicant, this Court is not inclined to release him on bail. 7. Accordingly, the second bail application of the applicant is rejected. However, if the trial is not concluded within three months, the liberty would be reserved in favour of the applicant to repeat his bail application. 8. Certified copy as per rules. Sd/- (Sachin Singh Rajput) JUDGE Ami AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.09.26 12:41:25 +0530