1 2025:CGHC:8002 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1289 of 2025 Dharmendra Yadav S/o Hori Lal Yadav Aged About 36 Years R/o Village - Kurmipara, Balod, P.S. And Distt.- Balod (C.G.) (Name Hira Lal Wrongly Mentioned In Annexure A/2) ... Applicant(s) versus State Of Chhattisgarh Through, S.H.O. P.S Balod District- Balod (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Sudhanshu Kumar Singh, Advocate. For Non-Applicant(s) : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.02.2025 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. 290/2024 registered at Police Station Balod District- Balod (C.G.) for the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that 2. Case of the prosecution, in brief, is that upon receiving the information from informant on 29- 05-2024, the police stopped and search the motorcycle ridding by two persons and upon the search, the police found 10,718.880 Grams of various kinds of tablets and capsules, which was kept in two white colour bags and upon investigation, it was found that the said tablets were under the NDPS Act namely Alprazolam and Tramadol Capsules, thereafter, the offence has been resisted against the applicant and other co-accused person. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 12.07.2024, therefore this second bail application is filed on the ground that at the time of first bail application, the Hon’ble High Court directed the trial Court to conclude the trial within a period of 6 months, but the trial has not yet been concluded, out of 14 witnesses, only 3 witnesses have been examined yet, charge-sheet has already been filed in the present case and the applicant is in jail since 29.05.2024, hence, he prays for releasing the applicant on regular bail. 4. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant has one criminal antecedent under the IPC and the quantity of contraband article seized i.e. 10,718.880 Grams of Alprazolam and Tramadol Capsules from the joint possession of applicant and another co- accused person is more than the commercial quantity, therefore, he is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the above submissions made by the learned counsel for the parties, as out of 14 witnesses, only 3 witnesses have been examined yet, the same cannot be a ground for releasing the applicant on bail. 7. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 12.07.2024 in MCRC No. 4919 of 2024 on the ground that the contraband article seized from the possession of the applicant was much above the commercial quantity, further there appears to be no new ground. 8. Accordingly, the second bail application of the applicant- Dharmendra Yadav, involved in Crime No. 290/2024 registered at Police Station Balod District- Balod (C.G.) for the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil