1 2026:CGHC:26297 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5559 of 2026 Nitesh @ Monti Thakur S/o Late Bhanu Thakur Aged About 24 Years R/o Village Thakurpara, Police Station Rajim, District - Gariyaband (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer (S.H.O) P.S.- Fingeshwar, District - Gariyaband (C.G.) ... Non-Applicant For Applicant : Ms. Swati Rani Saraf, Advocate. For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.06.2026 1. This is the Second bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 240/2025 registered at Police Station- Fingeshwar, District - Gariyaband (C.G.), for the offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substance Act. 2. Earlier bail application of the applicant was rejected by this Court on merits vide order dated 05.01.2026 passed in MCRC No. 9601/2025. 3. As per the prosecution story, in brief, a First Information Report bearing Crime No. 240/2025 under Section 22(b) of the NDPS Act was registered PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.06.30 13:17:06 +0530 2 at Police Station Fingeshwar, District - Gariyaband (C.G.) against the applicants and other co-accused persons. The applicants were arrested on 05.08.2025 and were sent to judicial custody. It is alleged that the applicants, in collusion with other co-accused persons, violated the provisions, rules, and orders of the NDPS Act by illegally possessing and transporting 120 tablets of the narcotic and prohibited drug Nitrosun (12 strips containing 10 tablets each) with the intent to sell the same. After completion of the investigation, the charge-sheet has been filed, and the case is presently pending before the learned Special Judge (NDPS Act), Raipur, District - Raipur (C.G.). 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has been languishing in jail since 05.08.2025, and the trial has not yet been concluded. Out of 09 prosecution witnesses, only one witness has been examined so far. It is also submitted that the first bail application of the applicant was rejected solely on the ground of one previous criminal antecedent under the NDPS Act, in which the applicant has already been acquitted. As the conclusion of the trial is likely to take some time, it is prayed that the applicant be enlarged on bail. 5. On the other hand, learned counsel for the State opposes the bail application and submits that the first bail application of the applicant was rejected on the ground of one previous criminal antecedent under the NDPS Act, in which the applicant has already been acquitted. 6. I Heard learned counsel for the parties and perused the material available on record. 7. After hearing the submissions advanced by the learned counsel for the 3 parties and considering the fact that this is the applicant's second bail application, the first bail application of the applicant was rejected solely on the ground of one previous criminal antecedent under the NDPS Act, in which the applicant has already been acquitted, and the applicant has been languishing in jail since 05.08.2025, this Court is of the opinion that the applicant is entitled to be released on bail in this case. 8. Accordingly, the second bail application is allowed. Let the applicant - Nitesh @ Monti Thakur involved in Crime No. 240/2025 registered at Police Station- Fingeshwar, District - Gariyaband (C.G.), for the offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substance 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 sufficient 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 4 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 Preeti