1 2025:CGHC:56804 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8042 of 2025 Natwar Kawal S/o Balu Singh Aged About 27 Years R/o Village- Borkhedi, Police Station- Susner, District- Shajapur (M.P.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Singhoda, District - Mahasamund C.G. ... Respondent For Applicant : Shri Harshwardhan Singh Rathore, Advocate (through VC) and Shri Priyanshu Gupta, Advocate. For Respondent/State : Shri Malay Jain, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/11/2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.06/2024 registered at Police Station Singhoda, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.25 14:36:20 +0530 2 Mahasamund (C.G.) for the offence punishable under Section 20(b) of N.D.P.S Act, 1985. 2. Case of the prosecution, in brief, is that on 05.02.2024 during the time of search the Police of Police Station Singhoda District Mahasamund (C.G.) stopped a silver colour vehicle Mahindra Bolero bearing No. MP-09-FA-1779 at village Ganiyaripali in front of Dinesh Dhaba and searched the said car and found 50 Kgs of Ganja in the chamber of vehicle which was driven by the main accused, namely, Maan Singh, thereafter all the accused persons have been brought at Police Station Singhoda and lodged FIR thereafter, arrested the applicant along with other five accused persons from the spot of occurrence. 3. Learned counsel for the applicant submits that this is the second bail application of the applicant and the first bail application was rejected on merits by this Court in MCRC No.6357/2024 on 11/09/2024. He would submit that the applicant is in jail since 5/02/2024, charge sheet has been filed and out of 16 prosecution witnesses, evidence of 5 prosecution witnesses have been recorded and 3 of the prosecution witnesses have turned hostile, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. From perusal of the records, it transpires that this is the second bail application of the applicant and the first bail application was rejected on merits by this Court in MCRC No.6357/2024 on 11/09/2024. The contraband article which was recovered from a Silver Colour Bolero car was above the commercial quantity in which the applicant and co-accused were found sitting, further the ground which has been raised in this second bail application is that the applicant is in jail since 5/02/2024 and out of 16 prosecution witnesses, evidence of 5 prosecution witnesses have been recorded and 3 of the prosecution witnesses have turned hostile. 7. Recently the Hon’ble Supreme Court in the matter of Union of India (UOI) Vs. Vigin K. Varghese (Special Leave Petition (Cri.) Nos.7768 of 2025 and 11097 of 2025) decided on 13/11/2025 has observed that in NDPS commercial-quantity cases, long incarceration cannot, by itself, be a ground for bail. 8. Considering the fact that the first bail application of the applicant was rejected on merits by this Court, further the fact that trial is in progress and also in the light of observation made by the Hon’ble Supreme Court in Union of India (UOI) (supra) that in NDPS commercial-quantity cases, long incarceration cannot, by itself, be a ground for bail, therefore I do not find any good ground to entertain this second bail application. 9. Accordingly, the second bail application of the applicant- Natwar 4 Kawal, involved in Crime No.06/2024 registered at Police Station Singhoda, District Mahasamund (C.G.) for the offence punishable under Section 20(b) of N.D.P.S Act, 1985, is rejected. 10. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 11.Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri