1 CGHC010364592026 2026:CGHC:41883 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8799 of 2026  Ishwar Nayak S/o Somnath Nayak Aged About 31 Years R/o Kakudyam, Nabaranpur, Papad Handi, Odisha. ... Applicant versus  State Of Chhattisgarh Through The Police Station Devbhog, Distt. Gariyabandh, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Karan Kumar Baharani, Advocate For State : Mr. Vivek Sharma, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 26.09 .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. 363/2023 registered at Police Station Devbhog, District Gariyaband (C.G.), for the offence punishable under Section 20(b)(ii-C) of NDPS Act. 2. Earlier, first bail application i.e. MCRC No. 694 of 2024 was allowed vide order dated 14.02.2024, wherein certain conditions were imposed. According to condition No. (ii) the applicant was required to remain present before the learned trial Court on each date fixed, either personally or through his counsel. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.09.28 10:58:45 +0530 2 3. Case of the prosecution, in brief, is that on 01.10.2023 the police of Police Station Devbhog, District - Gariyaband (C.G.) has received secret information from the informant and on the basis of such information the Police conducted raid near village Barhi Naka and seized 07 kg of ganja from the possession of the present applicant. Thereafter, police registered aforesaid offence against the applicant. 4. Learned counsel for the applicant would submit that the applicant could not appear before the learned trial Court on the dates fixed due to certain unavoidable circumstances. It is further submitted that the applicant has now surrendered before the learned trial Court on 03.08.2026 and is ready & willing to comply with all the conditions imposed by this Court and to remain present before the learned trial Court on each date fixed. He would pray for grant of bail to the present applicant. 5. On the other hand, learned counsel for the State would oppose the bail application and submit that the applicant has continuously failed to appear before the learned trial Court since 22.11.2024 and has flouted the condition No. (ii) imposed in the earlier bail order. It is further submitted that an arrest warrant was issued against the applicant and he subsequently surrendered on 03.08.2026. He further submits that 07 kg of Ganja was seized from the possession of the applicant and there is a risk of flight, therefore, the present bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the material available on record. 7. It appears that the applicant failed to appear before the learned trial Court since 22.11.2024, and therefore, an arrest warrant was issued on 29.05.2025. 3 In between, the applicant herein never appeared before the learned trial Court and subsequently, he surrendered on 03.08.2026. 8. Having considered the fact that 7 kgs. of Ganja was seized from the possession of the present applicant, there is a risk of flight and the applicant has flouted the condition given in the bail order passed in MCRC No. 694 of 2024 dated 14.02.2024, therefore, I am not inclined to allow this application. 9. Accordingly, instant bail application is hereby rejected. However, the learned Trial Court is directed to make all endeavour to conclude the trial expeditiously. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant