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2025 DAILYLAW 60161 (CHH)

SHRINGAR RAO v. STATE OF CHHATTISGARH

MCRC/8751/2025 · 2025-12-07

body2025

Judgment text

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1 2025:CGHC:59528 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8751 of 2025 Shringar Rao, Aged About 23 Years W/o Abhishek Rao R/o Ward No.- 07, Dallirajhara, Tahsil - Doundi, P.S. - Dallirajhara, District- Balod, (C.G.) ... Applicant versus State Of Chhattisgarh Through- P.S. - Rajhara, District- Balod, C.G. ... Respondent For Applicant : None. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08/12/2025 1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since 16/09/2025. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel. 3. The applicant has preferred this First Bail Application under Section GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.09 15:51:16 +0530 2 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail, as she has been arrested in connection with Crime No.291/2025, registered at Police Station Rajhara for the offence punishable under Section 20 (b) of N.D.P.S. Act. 4. The case of the prosecution, in brief, is that on 16-09-2025 the police have seized 1.50 Kg. of Ganja from the house of the applicant, and thereby the alleged offence has been committed further the F.I.R. was registered, Subsequently the applicant has been arrested for commission of the alleged offence. 5. The learned counsel for the State opposes the bail application but admits that the charge-sheet has been filed against the applicant and the applicant has two criminal antecedents which has been explained in para 4a of the bail application. It is submitted that a total of 1.50 Kg. of Ganja has been recovered from the possession of the applicant, therefore, this bail application is liable to be rejected. 6. I have perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, considering the quantity of Ganja seized from the possession of the applicant i.e. a total of 1.50 Kg. of Ganja which is less than the commercial quantity, considering the fact that charge-sheet has been filed and there is two criminal antecedents of the applicant, out of which one is disposed of and one is pending and further that the applicant is in jail since 16/09/2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled 3 to be released on bail in this case. 8. Accordingly, the bail application is allowed and it is directed that the Applicant- Shringar Rao, involved in Crime No.291/2025, registered at Police Station Rajhara for the offence punishable under Section 20 (b) of N.D.P.S. Act, be released on bail on her 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 4 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 her 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. 10. After passing of order, Shri Hemant Gupta, Advocate appears and submits that his appearance may be marked. Sd/- (Ramesh Sinha) Chief Justice gouri