1 2026:CGHC:2822 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 591 of 2026 Taljinder Singh @ Rana S/o Harbag Singh, Aged About 27 Years R/o Veer Savarkar Nagar, Heerapur, L.I.G.- 1437, Police Station- Kabeer Nagar, Raipur, District Raipur C.G. ... Applicant(s) versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station- Kabeer Nagar, District Raipur C.G. ---- Non-applicant(s) For Applicant : Mr. Shivendu Pandya, Advocate. For Non-Applicant : Mr. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.01.2026 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. 43/2025 registered at Police Station Kabeer Nagar, District- Raipur (C.G.) for the offence punishable under Sections 21(B) of the NDPS Act. 2. The earlier bail application of the applicant has already been rejected by this Court in MCRC No. 5619/2025, vide order dated 17.07.2025 on the ground that the applicant has one previous criminal antecedent KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 under the NDPS Act. Hence this second bail application. 3. Case of the prosecution, in brief is that the police of Police Station Kabeer Nagar, District Raipur (C.G.), received a secret information from the informant and on the said information police conducted a raid and seized Heroin (Chitta) of 06.24 grams from the possession of the present applicant. Thereafter, offence punishable under Sections 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicant. 4. Learned counsel for the applicant submits that earlier bail application of the applicant was rejected by this Court in MCRC No. 5619/2025, vide order dated 17.07.2025 on the ground that the applicant had one previous criminal antecedent under the NDPS Act. It is submitted that the present second bail application has been filed on a new ground that in the said NDPS case, the applicant has already been acquitted by the learned trial Court. He further submits that the contraband article of Heroin have not been seized from the actual and exclusive possession of the present applicant. He further submits that there is no material evidence available against the applicant which connects him with the commission of the crime. He also submits that the applicant has been implicated solely on the basis of the suspicion and he is in jail since 31.03.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 5. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court and the first bail application of the applicant has already been rejected by this Court on the ground that the applicant has one criminal antecedent under the NDPS Act as 3 such, he is a habitual offender, he is not entitled for grant of bail. 6. From perusal of the records, it transpires that earlier bail application of the applicant was rejected by this Court in MCRC No. 5619/2025, vide order dated 17.07.2025 on the ground that the applicant has one previous criminal antecedent under the NDPS Act and the new ground for filing of the second bail application is that in the said NDPS case, now the applicant has been acquitted by the learned trial Court and further the applicant is in custody since 31.03.2025 and except the present case, no criminal antecedent, hence this Court deems it appropriate to release the applicant on bail. 7. Accordingly, the instant bail application is allowed. 8. Let the Second bail application of the applicant namely- Taljinder Singh @ Rana involved in Crime No. 43/2025 registered at Police Station Kabeer Nagar, District- Raipur (C.G.) for the offence punishable under Sections 21(B) of the 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 4 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 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal