1 2026:CGHC:352 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9485 of 2025 Ajay @ Vijay Prajapati S/o Samaylal Prajapati Aged About 22 Years R/o Village Bokarmuda Bagar, Police Station Pendra, District- Gaurela-Pendra- Marwahi (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station Pendra, District – Gaurela- Pendra-Marwahi (C.G.) ---- Non-applicant For Applicant : Mr. Aniruddha Shrivastava, Advocate. For Respondent/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.01.2026 1. This is the Second Bail Application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 362/2024, registered at Police Station- Pendra, District – Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Section 20(B) of the NDPS Act. 2. Earlier the first bail application of the applicant being MCRC No. 492/2025 was rejected by this Court vide order dated 06.03.2025 on merits with liberty to proceed and conclude the trial expeditiously. 3. Case of the prosecution, in brief, is that as per the secret information received by the Police through informant, on the basis of the said information the Police conducted search near the place of incident and RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 have seized 2.072 Kgs of Ganja from the possession of the applicant. Thereafter, the crime was registered and the applicant was arrested by the Police. Hence, this application. 4. Learned counsel for the applicant submits that this is the second bail application, first bail application of the applicant being MCRC No. 492/2025 was rejected by this Court vide order dated 06.03.2025 on merits with liberty to proceed and conclude the trial expeditiously, but so far as the status of the trial is concerned, till date out of 18 prosecution witnesses only 4 witnesses have been examined by the trial Court and the rest are yet to be examined, and the first bail application was rejected on the ground that there are 09 previous criminal antecedents of the applicant, and it is submitted that out of them only 2 cases are pending and other cases have been disposed of. The applicant is in jail since 25.12.2024, and the trial is likely to take quite long time for its conclusion, and therefore, on the ground of parity, the present applicant also deserves to be released on bail. 5. On the other hand, learned State counsel opposes the bail application of the applicant and submits that a total of 2.072 Kgs of Ganja has been seized from the possession of the applicant and there are a total of 9 criminal antecedents of the applicant on which ground the first bail application of the applicant was rejected by this Court. Therefore, this bail application is liable to be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that this is the applicant’s second bail application and that the first bail 3 application of the applicant being MCRC No. 492/2025 was rejected by this Court vide order dated 06.03.2025 on merits with liberty to proceed and conclude the trial expeditiously, but so far as the status of the trial is concerned, till date out of 18 prosecution witnesses only 4 witnesses have been examined by the trial Court and the rest are yet to be examined, and the first bail application was rejected on the ground that there are 09 previous criminal antecedents of the applicant, and it is submitted that out of them only 2 cases are pending and other cases have been disposed of, and the applicant is in jail since 25.12.2024, and the trial is likely to take quite long time for its conclusion, hence this Court is of the considered view that the present applicant deserves to be released on bail. 8. Let the Applicant – Ajay @ Vijay Prajapati, involved in Crime No. 362/2024, registered at Police Station- Pendra, District – Gaurela- Pendra-Marwahi (C.G.) for the offence punishable under Section 20(B) of the NDPS Act, be released on bail on furnishing 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 sufficient cause, the trial court may proceed against him under 4 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 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 him in accordance with law. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar