1 2025:CGHC:17889 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1184 of 2025 Deepak Kumar Markam S/o Ratiram Markam Aged About 32 Years R/o Jayramnagar, Police Station- Masturi, District-Bilaspur (C.G.) (Presently N.C.B. Indore (M.P.) ...Applicant versus Union Of India Ministry Of Home, Narcotics Control Bureau Through Vinay Narvariya Sub Inspector Zonal Unit Indore (Madhya Pradesh) (As Per Honble Court Order Dated 10-03-2025) ... Respondent For applicant : Shri Vimlesh Bajpai, Advocate. For respondent/Union of India : Shri Ramakant Mishra, Deputy Solicitor General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.24 19:24:19 +0530 2 to the applicant who has been arrested in connection with Crime No. 06/2023 registered at Police Station Inquiry Agency (NCB), Narcotic Control Bureau, Indore, District-Indore (M.P.) for the offence punishable under Sections 8/20, 25, 27-A read with Section 29 of the Narcotic Drugs Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief, is that the Inquiry Agency (NCB) Narcotic Control Bureau, District Indore (M.P.) has received a secret information through the informant and on the basis of the said information, the Police Authority has seized a total 110 KG 110 Gram of Ganja from the possession of the applicant and accordingly the applicant has been arrested on 12.08.2023. 4. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 03/07/2024 with an observation that the trial Court shall make earnest endeavour to conclude the trial expeditiously within a period of 3 months from the date of passing of the order if there is no legal impediment. He would submit that this second bail application is filed on the ground that even after lapse of more than 6 months, till date the trial is not concluded without any fault on the part of applicant. He would submit that the witnesses are not appearing before the trial Court for recording evidence, therefore the trial is delayed and it will take further considerable time for its conclusion, therefore, he prays for releasing the applicant on regular bail. 5. Shri Ramakant Mishra, learned Deputy Solicitor General states that 3 all the four prosecution witnesses have appeared before the trial court who have been examined and cross-examination of fourth prosecution witness is under way. 6. I have heard learned counsel for the parties and perused the case diary. 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 on merits by this Court vide order dated 3/07/2024 in MCRC No.4737/2024 with an observation that the trial Court shall make earnest endeavour to conclude the trial expeditiously within a period of 3 months from the date of passing of the order if there is no legal impediment. Only ground which has been raised in this second bail application is that even after lapse of more than 6 months, till date the trial is not concluded and witnesses are not appearing before the trial Court for recording evidence which cannot be a ground to entertain this second bail application. 8. Accordingly, the second bail application of the applicant- Deepak Kumar Markam, involved in Crime No. 06/2023 registered at Police Station Inquiry Agency (NCB), Narcotic Control Bureau, Indore, District-Indore (M.P.) for the offence punishable under Sections 8/20, 25, 27-A read with Section 29 of the Narcotic Drugs Psychotropic Substances Act, 1985, is rejected. 9. Considering the fact that all the four prosecution witnesses have appeared before the trial court who have been examined and cross- examination of fourth prosecution witness is under way, it is 4 directed that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of three months from the date of receipt of copy of this order in accordance with law, if there is no legal impediment. 10. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. e a certified copy of this order to the trial Co Sd/-nd (Ramesh Sinha) CHIEF JUSTICE gouri