1 2025:CGHC:17152 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2872 of 2025 Uttara Khute S/o Dorilal Aged About 36 Years R/o Village Marghti Police Station Hasoud District - Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through Sho P.S. Gourela District - Gourela Pendra Marwahi (C.G.) ... Non-applicant For Applicant : Mr. Bhalvik Tiwari, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.04.2025 1. Proceedings of this case have been taken through video conferencing. 2. 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 Gourela, District Gourela- Pendra-Marwahi (C.G.) for the offence punishable under Section 20(B) (ii-C) and 29 of the NDPS Act. 3. The earlier first bail application of the applicant has already been KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 rejected by this Court being MCRC No. 1313/2025 vide order dated 20.02.2025, on merits. Hence, this second bail application. 4. Case of the prosecution, in brief, is that on 02.09.2024, based on information from an informer, the applicants along with 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 offence. 5. Learned counsel for the applicant submits that the earlier bail application of the applicant was rejected by this Court vide order dated 20.02.2025 in MCRC No. 1313/2025 on merits and the new ground for filing of the second bail application is that the wife of the applicant is pregnant and her date of delivery is 09th May, 2025 and there is no one apart from her husband to take care of her at the time of delivery, if the applicant is not released on bail, he and his wife may suffer huge loss due to which he has also filed an I.A. No. 3 01/2025, which is an application for grant of short term bail/temporary bail. He further submits that the applicant and his wife had consummated love marriage and thereafter they have been residing separately at village Marghti, Police Station- Hasaoud District-Sakti and also the applicant is having one more child who is aged about 04 years. He further submits that one of the co-accused has been granted temporary bail vide order dated 03/04/2025 in MCRC No. 2513/2025 on humanitarian and compassionate grounds therefore, he prays for releasing the applicant. 6. On the other hand, learned State Counsel, appearing for the State/non-applicant opposes the bail application and submits that the earlier bail application of the applicant has already been rejected by this Court being MCRC No. 1313/2025 vide order dated 20.02.2025, on merits. He further submits that the applicant actively participated in the crime and were following the vehicle carrying the said contraband article, which is much above the commercial quantity, his involvement in this organized crime is evident as such, the applicant is not entitled to be released on bail. 7. Considering the fact and circumstances of the case that the earlier bail application of the applicant has already been rejected by this Court being MCRC No. 1313/2025 vide order dated 20.02.2025, on merits and the new ground raised by the counsel for the applicant appears to be inoperable further the applicant’s actively participated in the crime and were following the vehicle carrying the said contraband article, which is much above the commercial quantity, his involvement in this organized crime is evident, and the applicant 4 has failed to give any explanation for the same, further it cannot be a case of false implication, thus this Court is of the view that it is not a fit case to release the applicant on bail. 8. Accordingly, the Second bail application of the applicant-Uttara Khute, filed under Section 483 of the BNSS, involved in Crime No. 297/2024 registered at Police Station Gourela, District Gourela- Pendra-Marwahi (C.G.) for the offence punishable under Section 20(B) (ii-C) and 29 of the NDPS Act, is rejected. 9. Accordingly, I.A. No. 01/2025, stands disposed of. 10.Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11.OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal