1 / 5 2025:CGHC:53679 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7743 of 2025 Anil Yadav S/o Rambaran Yadav Aged About 25 Years R/o Hanuman Nagar Nai Basti Raghuraj Nagar, Satna, Police Station And Tahsil And District Satna Madhya Pradesh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Baloda, District : Mahasamund, Chhattisgarh ... Non-Applicant For Applicant : Mr. Manas Vajpai, Advocate. For Non-Applicant/State : Mr. S.S. Ubeja, 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 26/2024 registered at Police Station – Baloda District – Mahasamund (C.G.), for the offence punishable under Section 20b of the Narcotic Drugs and Psychotropic Substances Act,1985. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.04 13:09:31 +0530 2 / 5 2. The earlier bail application of the applicant being MCRC No. 4446 of 2025 was rejected by this Court vide order dated 13.062025, on the ground that the present applicant has criminal antecedents. 3. The prosecution story in brief, on 21.03.2024 in view of the Lok Sabha elections, Police and his team from Police Station Baloda conducted a checking operation at the Sirpur Naka Checkpoint near the Odisha border. During search operation, they stopped and checked a whicle Mahindra SUV300 Vehicle without Number plate, which was driven by present applicant and other co-accused was sitting as a passenger. Thereafter, during search 26 Kgs of contraband Ganja was recovered below the rear seat. Thereafter, the aforesaid FIR was lodged against the present applicant along with other co-accused person. Recovery panchnama was made, memorandum statement was recorded, action was taken to seize the narcotics from the accused and investigation was taken up, the both accused have been arrested. After complete investigation, charge sheet was presented for the offence under section 20(b) of NDPS act. 4. Learned counsel for the applicant submits that this is the second bail application of the present applicant. He further submits the applicant, aged about 25 years, is the sole earning member of his family and has been in judicial custody since 21.03.2024. He has not absconded at any stage and had voluntarily expressed his willingness to surrender and cooperate with the investigation; however, he was arrested solely on the basis of the memorandum statement of a co-accused. The applicant has remained in custody for about one year and five months, and though the trial is in progress, it has not yet concluded. It is 3 / 5 pertinent to mention that the co-accused, namely Vinay Kumar Patel, whose bail was earlier rejected by this Hon’ble Court vide order dated 24.04.2025 in MCRC No. 3127/2025, has subsequently been granted bail by the Hon’ble Supreme Court in Criminal Appeal No. 3922 of 2025 by order dated 09.09.2025. As per the case status of the District Court, Mahasamund, the matter has been listed for framing of charges on 27.10.2025. The applicant, therefore, humbly prays that considering the parity with the co-accused, the long period of incarceration, and his willingness to cooperate with the proceedings, he may kindly be released on bail, subject to such terms and conditions as this Hon’ble Court. Therefore, he prays for enlarging the applicant on regular bail. 5. On the other hand, learned State counsel opposes the bail application of the present applicant 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, the material available in the case diary, and the fact that the co-accused, namely Vinay Kumar Patel, whose bail was earlier rejected by this Hon’ble Court vide order dated 24.04.2025 in MCRC No. 3127/2025, has subsequently been granted bail by the Hon’ble Supreme Court in Criminal Appeal No. 3922 of 2025 by order dated 09.09.2025, and that the charge-sheet has been filed before the competent Court and the applicant has been in jail since 21.03.2024 and the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 / 5 8. The Second Bail Application of the Applicant – Anil Yadav , involved in Crime No. 26/2024 registered at Police Station – Baloda District – Mahasamund (C.G.), for the offence punishable under Section 20b of the Narcotic Drugs and Psychotropic Substances Act,1985, be released on bail on his furnishing personal bond with two local 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 his 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 his, 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 5 / 5 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 his in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav