1 2025:CGHC:55902 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8886 of 2025 • Manoj Mohuriya S/o Bhim Mohuriya, Aged About 35 Years, R/o Village Mundaguda, Police Station Birsinghpur, District Koraput (Odisha). ... Applicant versus • State Of Chhattisgarh, Through Station House Officer, Police Station Gurur, District Balod (Chhattisgarh). ... Non-Applicant For Applicant : Mr. B.P. Singh, Advocate. For Non-Applicant : Mr. Ratan Pusty, Govt. Advocate. Single Bench : Hon'ble Shri Sanjay S. Agrawal, J Order On Board 17/11/2025 1) This is the third bail application preferred by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for grant of regular bail as he has been arrested on 23/09/2025 in connection with the Crime No.09/2022, registered at Police Station Gurur, District Balod (C.G.) for the offence punishable under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act, 1985. First bail application of the applicant was rejected as withdrawn vide order dated 17/08/2022 CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2025.11.17 18:40:28 +0530 2 passed in MCRC No.5190/2022, while in second bail application, he was granted bail vide order dated 16/02/2023 passed in MCRC No.10479/2022, but he has failed to appear before the trial Court on 16/09/2025, therefore, his bail bond was cancelled and was taken into the custody. The applicant has, thus, filed this bail application for grant of bail. 2) Learned counsel appearing for the applicant submits that in pursuance to the order dated 16/02/2023 passed in MCRC No.10479/2022, he was enlarged on bail and was regularly appearing before the learned trial Court, but, due to medical reasons, he could not appear on 16/09/2025 and the learned trial Court, in absence of medical documents, has cancelled the bail bond and issued the arrest warrant and in pursuance thereof, he was arrested on 23/09/2025 and since then, he is in jail. It is contended by the counsel appearing for the applicant that a single default was committed by the applicant and for his enlargement on bail, an appropriate application under Section 355 of BNSS was moved while assigning sufficient reasons, however, the same has been rejected by the trial Court. It is contended further that since it was a single default committed by him, therefore, this default may be condoned and the applicant be enlarged on bail. 3) On the other hand, learned counsel appearing for the State/Non- applicant submits that the applicant has failed to appear before the learned trial Court on 16/09/2025 and as the medical documents have not been annexed, in order to explain the reasons for his non-appearance on the said day, the application was, therefore, 3 rightly rejected by the trial Court, while cancelling his bail bond. 4) I have heard learned counsel for the parties and perused the case diary alongwith the entire papers annexed with this application. 5) From perusal of the record, it appears that the applicant was enlarged on bail in MCRC No.10479/2022 vide order dated 16/02/2023 and the applicant was directed to appear before the learned trial Court on each and every date of hearing, but, he could not appear on 16/09/2025, therefore, the learned trial Court has cancelled the bail bond and issued arrest warrant and, subsequently, the applicant was arrest on 23/09/2025 and since then he is in jail. 6) Taking into consideration, the single default committed by the applicant and the period of incarceration and further considering the fact that the applicant was enlarged on bail by this Court vide order dated 16/02/2023 passed in MCRC No.10479/2022, I am inclined to allow the present bail application. 7) Accordingly, the bail application (MCRC No.8886 of 2025) is allowed and, it is directed that in the event of the applicant executing a bail bond for a sum of Rs.1,00,000/- alongwith one local surety to the satisfaction of the concerned trial Court, he shall be released on bail on the terms and conditions as was stipulated in the order dated 16/02/2023 passed by this Court in MCRC No.10479/2022. Certified copy as per rules. Sd/- Sd/- (Sanjay S. Agrawal) JUDGE Chandrakant