1 2025:CGHC:56318 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9351 of 2025 Dileshwar Dora @ Vikas Dora S/o Prafull Dora, Aged About 30 Years, R/o Village - Gaurpali, Post Ucchabahar, Police Station Alagpur, District - Balangir, Odisha ... Applicant versus State of Chhattisgarh Through The S.H.O. of The Police Station - Dongaripali, District – Sarangarh-Bilaigarh, Chhattisgarh ... Non-Applicant For Applicant : Mr. Abhishek Saraf, Advocate. For Non-Applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.11.2025 1. This is the Second bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 70/2024 registered at Police Station – Dongaripali, District – Sarangarh-Bilaigarh (C.G.), for the offence punishable under Sections 29 and 20(b((ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story, in brief, is that on 20.12.2024, the Station House Officer, Dongripali, received secret information that a person travelling in a PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.20 13:02:10 +0530 2 white Innova Crysta vehicle bearing registration number CG 06 GV 8111 was transporting illegal ganja from Kodopali, Odisha, to Barmerkela. Based on this information, the police reached the spot near Jhal Bazaar. Shortly thereafter, as per the informant’s tip-off, a person arrived from Kodopali, Odisha, in the said white Innova Crysta vehicle. Upon seeing the police cordon, the driver abandoned the vehicle and fled the scene. The Innova Crysta was searched in the presence of witnesses. During the search, six light red-coloured plastic bags were recovered from the seat of the vehicle. Inside these bags, a total of 150 packets—each containing 1 kg 10 grams, amounting to a total of 151 kg 500 grams of ganja—were found. During the investigation, the accused persons, Kshemanidhi Sahu and Suryakant Nag, who were involved in the incident, were traced and arrested separately. Their memoranda were recorded after interrogation. In his memorandum, accused Suryakant Nag stated that the seized ganja had been supplied by the applicants, Prafulla Dora and Dileshwar Dora alias Vikas Dora. On the basis of the said investigation, the present applicant was arrested on 27.12.2024 for offences punishable under Sections 29 and 20(b)(ii)(c) of the NDPS Act, and the charge sheet has been filed in the case. 3. The first bail application of the applicant was rejected by this Court on merit vide order dated 18.03.2025 passed in MCRC No. 2114/2025. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the there was no recovery of contraband articles from the applicant wherewas same was recovered from the possession of the co-accused persons which is above the commercial quantity and applicant has been in jail since 27.12.2024, and out of 18 witnesses, only 10 have been examined so far, in which from PW-5 to PW-9 who are independent witnesses have 3 turned hostile. He further submits that the trial is in progrees and it is an organized crime, He further submits that the applicant has no previous criminal antecedents and that the conclusion of the trial may take some time. Therefore, he prays that the present applicant be granted regular bail. 5. Learned counsel for the State opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that first bail application of the applicant was rejected by this Court on merit vide order dated 18.03.2025 passed in MCRC No. 2114/2025, as such, the applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. After hearing the submissions advanced by the learned counsel for the parties, and considering the fact that this is the applicant's second bail application, as well as the fact that no contraband was recovered from the applicant, whereas the same was recovered from the possession of the co-accused persons which is above the commercial quantity and applicant is in jail since 27.12.2024, furthermore, as the trial is in progress, and out of 18 witnesses, only 10 have been examined so far, in which from PW-5 to PW-9 who are independent witnesses have turned hostile, and the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence, this Court is of the view that it is not a fit case to enlarge the applicant on bail. 8. Accordingly, the second bail application of the applicant - Dileshwar Dora @ Vikas Dora filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, involved in Crime No. 70/2024 4 registered at Police Station – Dongaripali, District – Sarangarh-Bilaigarh (C.G.), for the offence punishable under Sections 29 and 20(b((ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office 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 Preeti