1 2025:CGHC:12106 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1639 of 2025 Awanish Singh S/o Late Shri Sardar Singh Aged About 31 Years R/o Village - Champatpur, Police Station - Dhurpur, District - Prayagraj, Uttar Pradesh ... Applicant versus State of Chhattisgarh Through - Police Station Keshkal, District - Kondagaon, Chhattisgarh ... Non-Applicant For Applicant : Mr. Venketesh Pandey, Advocate. For Non-Applicant/State : Mr. S.S.Baghel, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.03.2025 1. This is the fourth bail application of the applicant. His earlier three bail applications have been dismissed by co-ordinate Bench of this Court and the case has been listed before this Court after nomination from the Hon’ble Chief Justice. 2. This is the fourth 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. 13/2024 registered at Police Station Keshkal, District – Kondagaon (C.G.) for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic PREETI KUMARI Digitally signed by PREETI KUMARI 2 Substances Act, 1985. 3. This is the fourth bail applications of the applicant. His three bail applications was dismissed as withdrawn. 4. Case of the prosecution, in brief, is that on 26.01.2024 at 03:20 hours, secret information was received to the Police Station Keshkal that some persons in Gray Colour Swift Dzire Car bearing registration No. UP 70 GJ 9152 are transporting contraband ganja from Odisha and going towards Raipur via Jagdalpur Keshkal. On the basis of said information notices were issued to the independent witness under Section 160 of Cr.P.C. and the police party alongwith independent witnesses and necessary equipment proceeded to Camp Dadargarh and a blockade was created on the main road in front of Camp Dadargarh. At around 06:20 hours the suspected car reached the blockade which was intercepted by Police and the police conducted search by informing the option for search by Gazetted OfÏcer or the Investigating OfÏcer and search of the vehicle was conducted and 4 packets of contraband total weighing 23.115 kgs was found from the dicky of Swift Dzire Car and both the accused persons were arrested. 5. Learned counsel for the applicant submits that the earlier three bail application was dismissed as withdrawn by the co-ordinate Bench of this Court vide order dated 29.042024, 30.07.2024 and 21.01.2025, therefore this fourth bail application is filed on the ground that the trial is in progress and out of 11 prosecution witnesses, statement of 5 witnesses have been recorded and two independent witnesses have not been included in the trial programme, further the charge-sheet has already been filed and the applicant is in jail since 26.01.2024 for more than one year, hence, he prays for releasing the applicant on regular bail. 6. On the other hand, the learned counsel for the State opposes the bail 3 application and submits that 23.115 kgs of Ganja has been seized from the possession of the applicant, which is more than the commercial quantity. Hence, this bail application is liable to be rejected. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the above submissions made by the learned counsel for the parties and the fact that out of 11 prosecution witnesses, statement of 5 witnesses have been recorded and two independent witnesses have not been included in the trial programme, further the charge-sheet has already been filed and the applicant is in jail since 26.01.2024 for more than one year and the trial is in progress, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 9. Accordingly, the second bail application of the applicant- Awanish Singh filed under Section 483 of BNSS, involved Crime No. 13/2024 registered at Police Station Keshkal, District – Kondagaon (C.G.) for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 , is rejected at this stage. 10. Needless to say that the learned trial Court concerned is at liberty to proceed with the trail and conclude the same expeditiously. 11. The ofÏce is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti