1 2025:CGHC:45399 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7090 of 2025 Vyomesh Khatua S/o Sanjeet Khatua Aged About 25 Years R/o Village - Anlapali Gudhpadha, P.S. Baunsuni, District - Boudh, Odisha ... Applicant versus State Of Chhattisgarh Through Police Station - Jutemil, District – Raigarh, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Shyam Manohar, Advocate. For Non-Applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.09.2025 1. The applicant has preferred this Second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.381/2024, registered at Police Station- Jutemil, District – Raigarh (C.G.) for the offences punishable under Section 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that the Police of Police Station – Jutemil, District – Raigarh (C.G.) has received a secret information through the informant and on the basis of such information, the Police has seized a total of 175 Kgs of Ganja from the possession of the co- accused persons, and the applicant’s involvement has also been found in the illegal transportation of Ganja through vehicles (while colored Alto Car bearing registration No. CG-13-AS-6967 and Tata S Gold colored RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Van bearing registration No. CG-13-AM-2987) as he was the distributor of the said contraband article (Ganja), and the name of the applicant has also come into light from the memorandum statement of the co-accused. Thereafter, the applicant was arrested and the crime has been registered by the Police. 3. First bail application of the applicant was rejected by this Court vide order dated 20.12.2024 passed in MCRC No. 8135/2024, on merit. 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 further submitted that the applicant was not arrested on the spot as he was arrested after two days of the incident, and only on the basis of the memorandum statement of the co-accused person the applicant is involved in the present case. It is further submitted that out of 19 witnesses 10 witnesses have been examined before the trial Court, and the first bail application was rejected on the ground that the applicant in involved in a criminal case of similar nature and in the said case the applicant has been acquitted. The applicant is in jail since 30.08.2024. The conclusion of the trial is likely to take some time, therefore, she prays for grant of bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 175 Kgs of Ganja has been seized from the possession of the co-accused person which is more than the commercial quantity, and the applicant’s involvement has also been found in the illegal transportation of Ganja through vehicles (while colored Alto Car bearing registration No. CG-13-AS-6967 and Tata S Gold colored Van bearing registration No. CG-13-AM-2987) as he was the distributor of the said contraband article (Ganja), and the name of the 3 applicant has also come into light from the memorandum statement of the co-accused. It is further submitted that against the order of this Court dated 20.12.2024 passed in MCRC No. 8135/2024 rejecting the first bail application of the applicant, the applicant had preferred an SLP(Crl.) No.2410/2025 before the Hon’ble Apex Court, and the same was also dismissed vide order dated 07.05.2025. Hence, this second bail application is liable to be dismissed. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Taking into consideration the fact that the trial is in progress and out of 19 witnesses 10 witnesses have been examined by the trial Court, further the fact that though the applicant is said to have been acquitted in a case under the NDPS Act, but considering the quantity of contraband article seized from the possession of the co-accused i.e. 175 Kgs of Ganja, is more than the commercial quantity, and the applicant’s involvement has also been found in the illegal transportation of Ganja through vehicles (while colored Alto Car bearing registration No. CG-13-AS-6967 and Tata S Gold colored Van bearing registration No. CG-13-AM-2987) as he was the distributor of the said contraband article (Ganja), and the name of the applicant has also come into light from the memorandum statement of the co-accused. Moreover, against the order of this Court dated 20.12.2024 passed in MCRC No. 8135/2024 rejecting the first bail application of the applicant, the applicant had preferred an SLP(Crl.) No.2410/2025 before the Hon’ble Apex Court, and the same was also dismissed vide order dated 07.05.2025, in which the Hon’ble Apex Court has also observed that the incarceration period of the applicant would also not attract in the present case. It cannot be said to be a false implication as the same appears to be an organized crime, and the trial 4 of the present case is still in progress, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the Second bail application of applicant – Vyomesh Khatua involved in Crime No.381/2024, registered at Police Station- Jutemil, District – Raigarh (C.G.) for the offences punishable under Section 20(B) and 29 of the NDPS Act, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar