1 2025:CGHC:48945 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7714 of 2025 Barun Sendre S/o Appulal Sendre Aged About 26 Years R/o B.S.U.P Colony, Block No. 38, House No. 2, P.S. Telibandha, Distt. Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The P.S Telibandha, Raipur, Distt. Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Shreyansh Pathak, Advocate appearing through video conferencing. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.09.2025 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. 302/2025 registered at Police Station Telibandha, District Raipur (C.G.) for the offence under Section 22(b) and Section 29 r/w Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The earlier bail application of the applicant being MCRC No. 7110 of 2025 was dismissed as withdrawn vide order dated 08.09.2025 by this ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.24 17:58:27 +0530 2 Court with the liberty to file a fresh. 3. As per the case of the prosecution, on 19.05.2025, the police of Police Station Telibandha, Raipur (C.G.) received a secret information from an informant that the applicant herein and one co-accused, Pravin Kesharwani, were seen near Sindhi Shamshan Ghat, Telibandha, Raipur (C.G.), and that the applicant was carrying a red bag containing 136 pieces of Pyeevon Spas Plus weighing about 116.11 grams, which led to his arrest. 4. It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He submits that this is the second bail application of the applicant, the first bail application was dismissed as withdrawn, with liberty to file a fresh one. He further submits that the allegation against the applicant is that 136 pieces of Pyeevon Spas Plus weighing about 116.11 grams was seized from the joint possession of the applicant and other co-accused person, which is less than the commercial quantity. He further submits that the present applicant has no criminal antecedents and he has been in jail since 19.05.2025, conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedents. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 7. Taking into consideration the facts and circumstances of the case and the the fact that the present applicant has no criminal antecedents, moreover, the fact that the charge-sheet has been filed in the present case before the competent Court and the applicant is in jail since 19.05.2025, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant - Barun Sendre, involved in Crime No. 302/2025 registered at Police Station Telibandha, District Raipur (C.G.) for the offence under Section 22(b) and Section 29 r/w Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing 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 his 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 4 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek