1 2025:CGHC:42420 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6596 of 2025 Pardeshi Sahu S/o Jirakhan Sahu Aged About 36 Years R/o Bhagutola, Thana - Kawardha, District - Kabirdham (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station - Kawardha, District - Kabirdham (C.G.) ... Non-applicant For Applicant : Ms. Anjali Pradhan, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.08.2025 1. This is the second bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 693/2024 registered at Police Station - Kawardha, District - Kabirdham, (C.G.), for the offence punishable under Sections 20(b) and 29 of Narcotic Drugs and Psychotropic Substances Act. 2. The earlier bail application of the applicant being MCRC No. 1429 of 2025 was rejected by this Court vide order dated 11.03.2025 on the ground that he has 01 previous criminal antecedent under the NDPS Act. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. The prosecution case, in brief, is that on 11.11.2024, the police of Police Station Kawardha received secret information that the present applicant along with another co-accused was transporting ganja in a blue Tata vehicle bearing registration No. CG-09-JF- 0595. Acting upon the said information, the police party conducted an inspection near Gurukul situated on Kawardha–Rajnandgaon Road, where, during the raid, the present applicant and the co- accused were found in possession of 14.270 kg of ganja. Accordingly, an offence was registered and the applicant was arrested. 4. Learned counsel for the applicant submits that the earlier bail application of the applicant being MCRC No. 1429 of 2025 was rejected by this Court vide order dated 11.03.2025 on the ground that he has 01 previous criminal antecedent under the similar nature, but now he has been acquitted in said case by the trial Court. She also submits that the co-accused persons have already been granted bail by this Court which is annexed as Annexure A/5. She further submits that the applicant is in jail since 11.11.2024, the charge-sheet has already been filed before the competent Court, and the conclusion of the trial is likely to take considerable time. Accordingly, she prays that the applicant be enlarged 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. 3 7. Taking into consideration the facts and circumstances of the case that this is the second bail application and the earlier bail application of the applicant being MCRC No. 1429 of 2025 was rejected by this Court vide order dated 11.03.2025 on the ground that he has 01 previous criminal antecedent under the similar nature, but now he has been acquitted in said case by the trial Court. Further the co- accused persons have already been granted bail by this Court which is annexed as Annexure A/5, the applicant is in jail since 11.11.2024, the charge-sheet has already been filed before the competent Court and the conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant – Pardeshi Sahu, involved in Crime No. 693/2024 registered at Police Station - Kawardha, District - Kabirdham, (C.G.), for the offence punishable under Sections 20(b) and 29 of Narcotic Drugs and Psychotropic Substances Act, 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 sufÏcient 4 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 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 sufÏcient 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. OfÏce 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 Rahul Dewangan