1 2025:CGHC:52740 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8558 of 2025 Raju @ Rajesh Sahu S/o Lakau Sahu Aged About 38 Years (As Per The Case, Petitioner Name Is Rajesh Urf Raju Chillar Sahu) R/o Near Sabji Mandi Tifra, Police Station- Tifra, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House Officer, Police Station - Sirgitti, District- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Rahul Goswami, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/10/2025 1. This is the Second bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 38/2025 registered at Police Station- Sirgitti, District- Bilaspur (C.G.), for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substance Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.30 10:45:40 +0530 2 2. Earlier bail application of the applicant was rejected by this Court on merits vide order dated 24.04.2025 passed in MCRC No. 3130/2025. 3. The prosecution story in brief, is that, on 23.01.2025, based on the information of the informer, two packets of ganja (0.912 kg in one packet and 1.030 kg in the other packet) were seized from a plastic bag in the possession of a juvenile near the place of incident, Banak Chowk, by the Sirgitti police station. During the investigation, when the juvenile/co-accused was questioned, he told that he sold ganja along with the applicant/accused and the co-accused brought ganja from Orissa. During the investigation, when the applicant was also found to be involved, a case was registered under the above section, he was taken into custody and after investigation in the case, a charge-sheet has been presented. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has been languishing in jail since 27.01.2025, and the trial has not yet been concluded. Out of 12 witnesses, only 2 seizure witnesses have been examined, and they have turned hostile. The first bail application of the applicant was rejected solely on the ground that he has six previous criminal antecedents under the IPC and the BNS from the year 2021 to 2024. However, none of these cases are registered under the NDPS Act. Out of the six cases, the applicant has been acquitted in one, charges have not yet been framed in four cases, and one case is at 3 the stage of evidence. Furthermore, the charge-sheet in the present case has already been filed. As the conclusion of the trial is likely to take some time, it is prayed that the applicant be enlarged on bail. 5. On the other hand, learned counsel for the State opposes the bail application and submits that the charge sheet has already been filed. He further submits that the applicant has six previous criminal antecedents under the IPC from the years 2021 to 2024. It is also submitted that three witnesses have been examined. Hence, the bail application of the applicant is liable to be rejected. 6. I Heard learned counsel for the parties and perused the material available on record. 7. After hearing the submissions advanced by the learned counsel for the parties and considering the fact that this is the applicant's second bail application, the first bail application of the applicant was rejected solely on the ground that he has six previous criminal antecedents under the IPC and the BNS from the year 2021 to 2024, however, none of these cases are registered under the NDPS Act, further out of the six cases, the applicant has been acquitted in one, charges have not yet been framed in four cases, and one case is at the stage of evidence, the charge- sheet has already been filed, and the applicant has been languishing in jail since 27.01.2025, and the trial has not yet been concluded, out of 12 witnesses, only 2 seizure witnesses have been examined, and they have turned hostile, this Court is of the opinion that the applicant is entitled to be released on bail in this case. 4 8. Accordingly, the second bail application is allowed. Let the applicant - Raju @ Rajesh Sahu S/o Lakau Sahu involved in Crime No. 38/2025 registered at Police Station- Sirgitti, District- Bilaspur (C.G.), for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substance 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 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti