1 2025:CGHC:990 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 45 of 2025 1. Sannu Shikari S/o Dara Singh Aged About 23 Years R/o Matyari, P.S. Sipat, District- Bilaspur (C.G.) 2. Vijednra Shikari S/o Ganga Prashad Shikari Aged About 28 Years R/o Matyari, P.S. Sipat, District- Bilaspur (C.G.) 3. Diler Sisodiya S/o Setheti Sisodhiya Aged About 20 Years R/o Matyari, P.S. Sipat, District- Bilaspur (C.G.) --- Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Sipat, District- Bilaspur (C.G.) --- Non-Applicant For Applicant : Mr. Siddhant Tiwari, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07.01.2025 1. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 150/2024 registered at Police Station : Sipat, District- Bilaspur, for the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.08 10:48:59 +0530 2 offence punishable under Section 20(B) of Narcotic Drugs and Pshchotropic Substance, 1985. 2. The first bail application of the applicants have been rejected on merits by this Court vide order dated 04.07.2024 passed in MCRC Nos. 2801/2024, 3658/2024 and 3667/2024. 3. As per the prosecution case, on the basis of information received from the informer to Police Station Sipat, on 10.03.2024 four people were arrested for illegally transporting Ganja in their Pulsar motorcycle bearing registration No. CG 10 LL 3908 and Delux motorcycle bearing registration No. CG 10 AN 4855. During the inquiry done by the Police seized 7 Kgs from the possession of Virendra Shikari, 5 Kgs from Sannu Shikari, 6 Kgs from Diler Sisodiyaa and 3 Kgs from Bhola Shikari in total 21 Kgs were seized from the possession of all the accused person. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. He further submits that the first bail application of the applicants has been rejected on merits by this Court vide order dated 04.07.2024 passed in MCRC Nos. 2801/2024, 3658/2024 and 3667/2024 and it is further stated that the co-accused had preferred an SLP against the order of this Court on which the Apex Court vide order dated 11.11.2024 has granted bail to the co-accused person, namely, Bhola Shikari on the ground of incarceration. Therefore, he prays that the applicants to be enlarged on bail. 5. On the other hand, learned State counsel opposes the bail application. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicants and the fact that the the first bail application of the applicants has been rejected on merits by this 3 Court vide order dated 04.07.2024 passed in MCRC Nos. 2801/2024, 3658/2024 and 3667/2024 and further, the co-accused had preferred an SLP against the order of this Court on which the Apex Court vide order dated 11.11.2024 has granted bail to the co-accused person, namely, Bhola Shikari on the ground of incarceration, as such, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly, the Second bail application is allowed. Let the applicant Nos. 1, 2 and 3 - Sannu Shikari, Vijednra Shikari and Diler Sisodiya, involved in Crime No. 150/2024 registered at Police Station : Sipat, District- Bilaspur, for the offence punishable under Section 20(B) of Narcotic Drugs and Pshchotropic Substance, 1985, be released on bail on each of them furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of BNS. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 209 of BNS. 4 (iv) The applicants 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 applicants are 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 them in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti