1 2025:CGHC:58589 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9806 of 2025 Somnath Pandey S/o Late Ayodhya Pandey, Aged About 24 Years, R/o Opposite Rajat Homes, Hari Nagar, Durg, Police Station- Mohan Nagar, District Durg, Chhattisgarh (Particulars of The Applicant Is Mentioned Correctly) ... Applicant versus State of Chhattisgarh Through Police Station Supela, Chowki Smriti Nagar, District - Durg, (C.G.) ... Non-applicant For Applicant : Mr. Anmol Sharma, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/12/2025 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. 640/2025 registered at Police Station- Supela, Chowki Smriti Nagar, District – Durg (C.G.), for the offence punishable under Sections 22, 8(B), 27(a), 29 of the Narcotic Drugs and Psychotropic Substance Act and Section 111 of Bharatiya Nyaya Sanhita, 2023. (As per charge-sheet). 2. Earlier bail application of the applicant was not rejected on merits by this Court vide order dated 17.11.2025 passed in MCRC No. 9207/2025. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.04 11:32:28 +0530 2 3. The prosecution story in brief is that on 31.05.2025, the police received an insider tip that three persons were standing outside Look and Shine Family Saloon, Katulboard, Bhilai, and were attempting to sell psychotropic tablets. Acting on this information, the police conducted a raid at the spot and found three accused persons Santosh Chandrakar, Somnath Pandey (present applicant), and Lingraj @ Sonu Yadav. From their possession, the police seized psychotropic substances, namely: 45 Alprazolam tablets from Lingraj, 130 Spas Trancun Plus tablets from Somnath Pandey (present applicant), and 144 Spas Trancun Plus tablets from Santosh Chandrakar. Accordingly, they were arrested on 31.05.2025. The memorandum statements of the accused persons were recorded, and after completion of the investigation, the police filed the charge-sheet for the offences mentioned in the application. 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 co-accused persons have already been granted bail by this Court vide order dated 27.10.2025 passed in MCRC Nos. 6641/2025 and 7041/2025, further the applicant has been languishing in jail since 31.05.2025. 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 four previous criminal antecedents under the IPC, BNS and Arms Act. Hence, the bail application of the applicant is liable to be rejected. 3 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 not rejected on merits, further the co-accused persons have already been granted bail by this Court vide order dated 27.10.2025 passed in MCRC Nos. 6641/2025 and 7041/2025, further the applicant has four previous criminal antecedents under the IPC, the BNS and Arms Act in which he is on bail, however, none of these cases are registered under the NDPS Act, further, the charge- sheet has already been filed, and the applicant has been languishing in jail since 31.05.2025, 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 - Somnath Pandey involved in Crime No. 640/2025 registered at Police Station- Supela, Chowki Smriti Nagar, District – Durg (C.G.), for the offence punishable under Sections 22, 8(B), 27(a), 29 of the Narcotic Drugs and Psychotropic Substance Act and Section 111 of Bharatiya Nyaya Sanhita, 2023. (As per charge-sheet), 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. 4 (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. 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