1 2025:CGHC:197 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9070 of 2024 Sitaram Khatua S/o Mohan Khatua Aged About 38 Years R/o Rundimahul, Police Station Kantamal, District- Boudh (Orissa) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Basantpur, Police Chowki Wadrafnagar, Distt. Balrampur-Ramanujganj, C.G. ---- Non-applicant For Applicant : Mr. C.R. Sahu, Advocate For Non-Applicant : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2025 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. 95/2024 registered at Police Station Basantpur, Police Chowki Wadrafnagar, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 20(B) of the NDPS Act. 2. The earlier bail application of the applicant has already been 2 rejected by this Court in MCRC No. 5768/2024, vide order dated 07.10.2024 on the ground of criminal antecedents. Hence this second bail application. 3. The prosecution story in brief, is that, the Police of Police Station Basantpur (Police Chowki-Wadrafnagar), District-Balrampur- Ramanujganj (C.G.) had received secret information by the informant and on the basis of the said information, the police ofÏcials conducted raid and have seized 13.500 kgs of Ganja from the possession of the present applicant. Thereafter, the aforesaid offence has been registered against the applicant. 4. Learned counsel for the applicant submits that earlier bail application of the applicant has already been rejected by this Court vide order dated 07.10.2024 in MCRC No. 5768/2024. He further submits that in the present case, seizure witnesses have turned hostile and have not supported the prosecution case. He further submits that the co-accused namely Nikhil Pradhan has been granted bail by this Court in MCRC No. 5768/2024 vide order dated 07.10.2024, the applicant is in jail since 17.06.2024 and the conclusion of the trial may likely to take some more time. Therefore, he prays for grant of bail. 5. On the other hand, learned State counsel would oppose the bail application and submits that the applicant has six criminal antecedents out of which three cases are under the NDPS Act of the year 2018, 2019 and 2024 and other three cases are under the IPC, as such the he is a habitual offender, he is not entitled for grant of bail. 3 6. From perusal of the order dated 07.10.2024, it is apparent that the bail application of the present applicant was rejected on the ground of criminal antecedents and no new ground has been raised in this second bail application except the seizure witnesses have been turned hostile and this is not a good ground to release the applicant on regular bail, this Court deems it appropriate to reject this second bail application at this stage. 7. Accordingly, the second bail application of the applicant- Sitaram Khatua filed under Section 483 of the BNSS involved in Crime No. 95/2024 registered at Police Station Basantpur, Police Chowki Wadrafnagar, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 20(B) of the NDPS Act, is rejected at this stage. 8. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a further period of four months from the date of receipt of a certified copy of this order, if there is no legal impediment. 9. 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