1 2025:CGHC:15686 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2513 of 2025 Arun Kumar Chandra S/o Shri Babulal Chandra Aged About 35 Years R/o Village Achritpali, Tehsil Malkharouda, District Sakti Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Gaurela, District Gaurela Pendra Marwahi Chhattisgarh. ---- Non-Applicant(s) For Applicant : Mr. Bharat Sharma, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/04/2025 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 297/2024 registered at Police Station, Gaurela, District- Gourela- Pendra-Marwahi (C.G.), for the offence punishable under Section 20B and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. The earlier bail application of the applicant has already been rejected on merits being MCRC No. 7012/2024, vide order dated 20.02.2025. 3. The applicant has also filed IA No. 01/2025, which is an application for grant of Ad-Interim/Temporary Bail on the ground of marriage of his younger sister namely Sashikala, and the marriage rituals would start from today i.e. 03.04.2025 to 06.04.2025 at Village Achritpali (Chapora) District-Sakti. 4. Case of the prosecution, in brief is that on 02.09.2024, based on information from the informer, the applicant along with their co- accused Uday Chauhan, were apprehended with narcotics in vehicle number MP-18-BB-2530 near the Harratola main road culvert turn. Upon interrogation and search by the police, 160 kg of ganja was recovered from their joint possession. During questioning, the accused stated that Anuj Adile, Uttara alias Shahil Khunte, and Arun Chandra had loaded the ganja into a Brezza car (CG-13-UJ-4981) and transported it to Bilaspur while piloting the vehicle. At Bilaspur, Sajan Chaudhary got down and stayed with them. The accused further disclosed that the ganja was being transported to Anuppur via Orissa, Jagdalpur, Bilaspur, and Gaurela. Based on their memorandum statements, the accused were arrested for their involvement in the transportation of ganja. Subsequently, a case was registered under Sections 20B and 29 of the NDPS Act, and the applicants were arrested in connection with the alleged offence. 3 5. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits and this is the second bail application on the ground that the marriage of the real younger sister of the applicant is to be solemnized on 06.04.2025. The applicant, with utmost respect and humility, seeks a short-term bail for a period of five days, commencing from today i.e. [03.04.2025] to [06.04.2025], in order to attend and participate in the marriage ceremony of his younger sister, which is a significant and emotionally charged family occasion. The applicant's presence at this function is not only a familial obligation but also a moral and emotional imperative, and his absence would cause irreparable distress to his family, particularly his younger sister. He also submits that the applicant undertakes to surrender himself before the concerned Court on the expiry of the said period and to comply with all the conditions that may be imposed by this Court, and prays that this application be considered in the light of humane and compassionate considerations. 6. On the other hand, learned State counsel opposes the bail application and submits that the first bail application of the applicant has already been rejected by this Court on merits and the quantity of contraband article which is said to have been recovered from the joint possession of the co-accused, is much above the commercial quantity and on the basis of memorandum statements of the co- accused, the involvement of the present applicant in this case, appears to be reasonable. Accordingly, the present applicant is not entitled for grant of bail. 4 7. I have heard learned counsel for the parties and perused the case diary. 8. Taking into consideration the fact that the trial is in progress, the first bail application of the applicant has already been rejected by this Court on merits and the quantity of contraband article which is said to have been recovered from the joint possession of the co- accused, is much above the commercial quantity and on the basis of memorandum statements of the co-accused, the involvement of the present applicant in this case, appears to be reasonable. Accordingly, I am not inclined to grant regular bail to the applicant. 9. Accordingly the Second bail application of the applicant namely- Arun Kumar Chandra, involved in Crime No. 297/2024 registered at Police Station, Gaurela, District- Gourela-Pendra-Marwahi (C.G.), for the offence punishable under Section 20B and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 10. At this stage, learned counsel for the applicant submits that the marriage of sister of the applicant is scheduled to be held on 06.04.2025 and the marriage rituals would start from today i.e. 03.04.2025 to 06.04.2025 at village Achritpali (Chapora) District- Sakti, therefore, he prays for grant of ad-interim/temporary bail for a period of 05 days for attending his sisters’s wedding. 11. Learned State Counsel was granted time on 01.04.2025 to verify the said fact and he stated that his sister’s marriage is to be performed on 06.04.2025. 5 12. Considering the aforesaid fact, I hereby direct that the applicant, Arun Kumar Chandra, confined in jail in Crime No.297/2024 registered at Police Station Gaurela, District Gaurela, Pendra and Marwahi for offence under Section 20B and 29 of the NDPS Act, shall be taken in police custody for attending marriage ceremony of younger sister of the applicant which is scheduled to be held on 6.4.2025, with adequate police force. The concerned Superintendent of Central Jail is directed to make all the necessary arrangement with the help of Superintendent of Police, Gaurela Pendra Marwahi to take the applicant, Arun Kumar Chandra, from jail on 06.04.2025, at 10:00 a.m. to attend the marriage ceremony of his younger sister in police custody. The applicant shall be brought back to jail on 07.04.2025 at 11.00 a.m. 13. The Register (Judicial) of this Court is directed to send a copy of this order to the concerned Special Judge, concerned Jail Superintendent and concerned Superintendent of Police forthwith. 14. In view of the above, IA No. 01/2025, stands disposed of. 15. Certified copy today. Sd/- (Ramesh Sinha) Chief Justice Kunal