1 2025:CGHC:53345 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7722 of 2025 Priya Sahu W/o Hukumat Sahu Aged About 35 Years R/o Subhash Nagar Dewar Para, P.S. Telibandha, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Telibandha, District – Raipur (C.G.) ---- Non-applicant For Applicant : Mr. Bharat Lal Sahu, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 385/2025, registered at Police Station – Telibandha, District – Raipur (C.G.) for the offence punishable under Sections 95 of BNS, and Sections 77 and 78 of the Juvenile Justice (Care and Protetion of Children) Act, 2015 and Section 27 of NDPS Act. 2. The prosecution story, in brief, is that a secret information was received by the Police of Police Station – Telibandha, District – Raipur (C.G.) RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 through the informant and on the basis of such information, the Police has seized a total of 6 packets of Ganja from the possession of tow minor children to sell, and therafter, prepared the seizure memo and arrested the applicant and other accused ladies. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 4 criminal antecedents registered against the present applicant out of which one is under the NDPS Act which has been disposed of. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that the applicant happens to be a lady and no such seizure has been made from the possession of the applicant. The applicant is in jail since 29.06.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 4 criminal antecedents registered against the present applicant out of which one is under the NDPS Act, and the charge-sheet has been filed in this case. It is further submitted that the Police has seized a total of 6 packets of Ganja from the possession of tow minor children to sell, and thereafter, the applicant and other co-accused have been arrested, therefore, she is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are 4 criminal antecedents registered against the present applicant out of which one is under the NDPS Act which has been disposed of, 3 charge-sheet has been filed against the applicant, the applicant happens to be a lady and no such seizure has been made from the possession of the applicant, she is in jail since 29.06.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Priya Sahu, involved in Crime No. 385/2025, registered at Police Station – Telibandha, District – Raipur (C.G.) for the offence punishable under Sections 95 of BNS, and Sections 77 and 78 of the Juvenile Justice (Care and Protetion of Children) Act, 2015 and Section 27 of NDPS Act, 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. (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 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 4 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 him in accordance with law. 8. 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 Rajshekhar