1 2025:CGHC:55198 NAFR HIGH COURT of CHHATTISGARH, BILASPUR MCRC No. 9064 of 2025 Tapan Das S/o Gaur Das, Aged About 23 Years R/o Mv 23, P.S. Malkangiri, Distt. Malkangiri (Odisha) ... Applicant Versus State Of Chhattisgarh Through P.S. Sukma, Distt. Sukma (C.G.) ... Respondent(s) For Applicant : Mr. Ishwar Jaiswal, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.11.2025 1. This is the First 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. 50/2024 registered at Police Station – Sukma, District: Sukma (C.G.), for the offence punishable under Sections 20 (b) (ii) (B) of NDPS Act. 2. Case of the prosecution is that total 2 kg Ganja has been seized from the joint possession of the present applicant and other co-accused person and the applicant was arrested earlier on 17.04.2024 along with other co- accused person and on 10.05.2024, the applicant was granted bail by the SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2025.11.17 14:26:21 +0530 2 Court and after 11.06.2024 the present applicant did not appear before the Trial Court and on 06.05.2025, Non-Bailable warrant was issued against the applicant and thereafter on 06.08.2025, the present applicant was arrested. 3. Learned counsel for the applicant submits that the applicant was granted bail by the Trial Court itself, but he did not appear before the Trial Court hence non-bailable warrant was issued against the applicant and the applicant was arrested. It is further submitted that two witnesses are remained to be examined and so far as the status of the Trial Court is concerned, the trial is in progress and there were two witnesses left for evidence and today was the date fixed and as per the information received, they have not appeared before the Trial Court. Accordingly, he prays for enlarging the applicant on regular bail. 4. On the other hand, learned counsel for the State/non-applicant would oppose the bail application. 5. Considering the facts and circumstances of the present case and from perusal of the case diary, it appears that the applicant has remain absent during the proceedings of the Trial Court and the trial is in progress, the present is not a fit case for grant of regular bail to the applicant. 6. Accordingly, the bail application of the applicant – Tapan Das filed under Section 439 of the Cr.P.C., involved in Crime No. 50/2024 registered at Police Station – Sukma, District: Sukma (C.G.), for the offence punishable under Sections 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 3 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. 9. The Director General of Police, Chhattisgarh, is directed to ensure that the remaining two prosecution witnesses in the present case, who are police personnel, shall remain present for recording of their evidence before the trial Court on the next date fixed, failing which, their salaries shall be withheld, as the conclusion of the trial is being delayed due to the laxity of the police personnel, and the accused has been languishing in jail since 24.09.2025. 10. A copy of this order be sent to the Director General of Police, Chhattisgarh through the learned State counsel for information and necessary action forthwith. - Sd/- (Ramesh Sinha) Chief Justice Saurabh