1 2026:CGHC:15313 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2965 of 2026 Durgawati W/o Krishna Rao Aged About 35 Years R/o Village- Batra, Out Post Karanja, Police Station- Vishrampur, District- Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer (SHO) Chowki – Wadrafnagar, Police Station – Basantpur, District – Balrampur-Ramanujganj, (C.G.) ---- Non-applicant For Applicant : Mr. Gopal Swaroop Gupta, Advocate. For Non-applicant/State : Mr. Shubham Bajpayi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.04.2026 1. The applicant has preferred this Second Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 169/2024, registered at Police Station – Basantpur, District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. Earlier the first bail application of the applicant was rejected by this Court vide order dated 11.03.2025 passed in MCRC No. 1978/2025, on merits. 3. The prosecution story, in brief, is that a secret information was received by the Police of Police Station – Basantpur, District – Balrampur- RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Ramanujganj (C.G.) through the informant and on the basis of such information, the Police has seized a total of 100 pieces of Buprenorphine Injection 2 ml each and 100 pieces of Avil Injection 10 ml each from the possession of the applicant. Thereafter, the applicant was arrested by the Police and the aforesaid offence has been registered. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the first bail application of the applicant was rejected by this Court vide order dated 11.03.2025 passed in MCRC No. 1978/2025, and though the contraband article recovered from the applicant is above the commercial quantity, but the applicant happens to be a lady languishing in jail since 25.10.2024, and so far as the status of trial is concerned, out of 14 prosecution witnesses, only 5 have been examined and their statements have been recorded by the trial Court and out of which 2 have not supported the prosecution case. It is further submitted that there are no any criminal antecedents of the applicant, and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, the learned State counsel opposes the bail application and submits that though there are no any criminal antecedents of the applicant, but a total of 100 pieces of Buprenorphine Injection 2 ml each and 100 pieces of Avil Injection 10 ml each has been recovered from the possession of the applicant, therefore, this bail application is liable to be rejected. 3 6. I have heard learned counsel for the parties and perused the material available on record. 7. After hearing the submissions advanced by learned counsel for the parties as well as considering the fact that the first bail application of the applicant was rejected by this Court vide order dated 11.03.2025 passed in MCRC No. 1978/2025 on merits, and though the contraband article recovered from the applicant is above the commercial quantity, but the applicant happens to be a lady languishing in jail since 25.10.2024, and so far as the status of trial is concerned, out of 14 prosecution witnesses, only 5 have been examined and their statements have been recorded by the trial Court and out of which 2 have not supported the prosecution case. Also considering the fact that there is no criminal antecedents of the applicant, the conclusion of the trial is likely to take sometime, hence, this Court is of the opinion that the applicant is entitled to be released on bail in this case. 8. Let the applicant, Durgawati involved in Crime No. 169/2024, registered at Police Station – Basantpur, District – Balrampur- Ramanujganj (C.G.) for the offence punishable under Section 22(C) of the NDPS Act, 1985, be released on bail on their 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. 4 (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 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