Pradeep Chouhan Vs State of Chhattisgarh

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NIRMALA RAO

2026:CGHC:27542

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 4768 of 2026

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1 - Pradeep Chouhan S/o Shri Santosh Chouhan, Aged About 19 Years R/o Ward No. 10 Village Bartari Ps Bohariband District Katni (MP) (Wrongly Mention Name Of The Applicant Pradip In Impugned Order)

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... Petitioner(s)

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versus

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1 -State Of Chhattisgarh Through - SHO GRP Bilaspur Distt. Bilaspur (C.G.) ... Respondent(s)
For Applicant : None.
For Non-Applicant : Ms. Veethika Choubey, P.L.

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Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board

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03/07/2026

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None appears on behalf of the applicant even when the case is taken up for hearing in three rounds.

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The applicant has preferred this second bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail pertaining to Crime No.33/2022 registered at Police Station GRP, District Bilaspur (C.G.), for the commission of offence punishable under Section 20(B) of Narcotic Drugs Psychotropic Substances Act.

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The case of the prosecution, in brief, is that the applicant was arrested on 3.6.2022 while carrying 4 kg 309 gm of ganja in a bag. The police investigated the case and filed the charge-sheet before the learned Third Additional and Sessions Judge, Bilaspur where Special Session Case (NDPS) No. 72/ 2022 is pending. Earlier, a bail application i.e. MCRC No.5359 of 2022 was filed, which was allowed vide order dated 3.8.2022 and the applicant was directed to appear before the learned trial Court on each and every date of hearing. It appears that on 25.8.2023, neither the applicant nor his counsel appeared before the learned trial Court, therefore, an arrest warrant was issued which was executed on 26.3.2026. The applicant is in jail since 26.3.2026. Thereafter, the applicant moved an application for grant of regular bail before the learned trial Court which was rejected vide order dated 30.3.2026. It is pleaded in the present application that the applicant did not appear on 25.8.2023 and the learned trial Court issued an arrest warrant. The applicant has prayed for grant of regular bail.

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Learned counsel appearing for the State would submit that though the applicant was granted bail by this Court, he failed to appear before the learned trial Court on 25.8.2023 and remained absconding till 26.3.2026 for a period of about two years and six months. She would submit that the application deserves to be dismissed.

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I have heard learned counsel appearing for the State at length, perused the case diary and the documents annexed alongwith their application.

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At the first instance, the trial Court should direct serving of the summons to the accused. If the accused avoids service of summons, the Court, in the second instance should issue bailable warrant. In the

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third instance, when the Court is fully satisfied that the accused is avoiding intentionally the process of issuance of the non-bailable warrant should be restored. It is well-settled principle of law that personal liberty is paramount, therefore, the trial Courts at the first and second instance should refrain from issuing non-bailable warrants.

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In the present case, the applicant, who was on bail, failed to appear on 25.8.2023 and on the same date, a warrant of arrest was issued by the learned trial Court pursuant to said non-bailable warrant, he was arrested on 26.3.2026 and since then he is in jail. Having considered the above facts, the second bail application is allowed. He shall appear before the concerned trial Court on all subsequent dates. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions:-

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(i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such fact to the Court;

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(ii) He shall not act in any manner which will be prejudicial to a fair and expeditious trial;

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(iii) He shall appear before the trial Court on each and every date given to him by the said Court till the disposal of the trial; and,

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(iv) He shall not involve himself in any offence of a similar nature in future.

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