1 2025:CGHC:53567 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8692 of 2025 Bhogilal Sagar S/o Jethuram Sagar Aged About 26 Years R/o Barpeladih, P.S. Basna, District Mahasamund C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Basna, District Mahasamund C.G. ... Respondent(s) For Applicant(s) : Mr. Sudhir Kumar Sahu, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.11.2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 567/2023 registered at Police Station Basna, District Mahasamund (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 1985. 2. Case of the prosecution, in brief, is that on 15.12.2023, a charge sheet was filed against the accused persons under Section 20(b) of the NDPS Act for allegedly possessing and transporting 15 kilograms of ganja (cannabis) illegally. The accused Bhogilal Sagar was granted bail earlier by this Court with a condition to remain present before the trial Court on each and every date fixed for hearing. However, after 10.06.2024, the accused remained absent continuously for about one year, due to which the framing of charge could not take place and the trial proceedings were adversely affected. Despite issuance of arrest warrants on several occasions, the accused did not appear before the Court and ultimately surrendered on 17.09.2025. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was allowed by this Court on merits vide order dated 14.02.2024, therefore this second bail application is filed on the ground that after getting bail by this Court on 14.02.2024, the applicant has been regularly appearing before the learned trial Court in compliance with the terms and conditions of the bail granted to him for the past one year. However, on the date fixed for his appearance, i.e., 10.06.2024, the applicant, being unaware of the said date and having gone out of station for earning his livelihood to support his family, could not appear before the learned trial Court. His absence on that date was thus 3 bona fide and not deliberate. Consequently, an arrest warrant was issued against him. Thereafter, the applicant voluntarily surrendered before the learned trial Court on 17.09.2025, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the present applicant was granted bail earlier by this Court vide order dated 14.02.2024 with a condition to remain present before the trial Court on each and every date fixed for hearing, however after 10.06.2024, the accused remained absent continuously for about one year, due to which the framing of charge could not take place and the trial proceedings were adversely affected. Despite issuance of arrest warrants on several occasions, the accused did not appear before the Court and ultimately surrendered on 17.09.2025, as such, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of records, it appears that this is the second bail application of the applicant, the first bail application of the applicant was allowed by this Court vide order dated 14.02.2024 in MCRC No.8453 of 2023 on the ground that the seizure of contraband article made from the joint possession of the applicant and co-accused is less than the commercial quantity and the applicant has no criminal antecedent. However, after getting bail 4 by this Court on 14.02.2024 with a condition to remain present before the trial Court on each and every date fixed for hearing, after 10.06.2024, the accused remained absent continuously for about one year, to which counsel for the applicant stated that the applicant had gone out of station to earn his livelihood and support his family, due to which the framing of charge could not take place and the trial proceedings were adversely affected. Despite issuance of arrest warrants on several occasions, the accused did not appear before the Court and ultimately surrendered on 17.09.2025, but considering the fact that the applicant had absconded earlier and there is every likelihood that he may abscond again, which would adversely affect and hamper the trial. As such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the second bail application of the applicant-Bhogilal Sagar, involved in Crime No. 567/2023 registered at Police Station Basna, District Mahasamund (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil