1 2025:CGHC:51172 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8143 of 2025 Ajay Sahu S/o Shri Shankarlal Sahu, Aged About 32 Years, R/o Hasda No. 01, P.S.- Magarload, District : Dhamtari, Chhattisgarh ... Applicant versus The State of Chhattisgarh Through Police Station - Singhoda, District : Mahasamund, Chhattisgarh ... Non-Applicant For Applicant : Mr. Yash Bothra, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/10/2025 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. 71/2024 registered at Police Station- Singhoda, District : Mahasamund (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: 2025.10.15 10:33:49 +0530 2 2. Earlier bail application of the applicant was rejected by this Court on merits vide order dated 24.09.2024 passed in MCRC No. 6604/2024. 3. Case of the prosecution, in brief, is that the Police of Police Station- Singhoda, District Mahasamund (C.G.) had received secret information from the informant and on the basis of the said information conducted a raid and seized 22 kgs of contraband Ganja from the joint possession of the present applicant and co-accused. Thereafter, the Police has registered the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 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 20.06.2024. It is also submitted that the co-accused, namely Gaurav Sahu, has already been granted bail by the Hon'ble Apex Court in SLP (Crl.) No. 5311/2025 on 14.07.2025, which is annexed as Annexure A/2 to this bail application. Furthermore, it is submitted that the applicant has no previous criminal antecedents, the charge sheet has already been filed, and till date, no prosecution witnesses have been examined. As the conclusion of the trial is likely to take some time, it is prayed that the applicant be enlarged on bail on the ground of parity. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed 3 and the applicant has no previous criminal antecedents. 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, as well as the fact that the co-accused, namely Gaurav Sahu, has already been granted bail by the Hon’ble Apex Court in SLP (Crl.) No. 5311/2025 on 14.07.2025, which is annexed as Annexure A/2 to this bail application, further considering that the applicant has no previous criminal antecedents, the charge- sheet has already been filed, and the applicant has been in judicial custody since 20.06.2024, having undergone nearly one year in jail, this Court is of the opinion that the applicant is entitled to be released on bail in this case. 8. Accordingly, the second bail application is allowed. Let the applicant - Ajay Sahu involved in Crime No. 71/2024 registered at Police Station- Singhoda, District : Mahasamund (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 4 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 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. 5 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