1 2025:CGHC:12557 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1997 of 2025 Rajkumar Gangwani S/o Lt. Mohandas Gangwani Aged About 54 Years Occupation- Private Business R/o Jagriti Nagar, Amkhera Near Pipleswar Ram Mandir, Police Station Aadhartal, Distt.- Jabalpur, M.P. ... Applicant(s) versus State Of Chhattisgarh Through, Police Station-City Kotwali Durg, Distt,- Durg, (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ashok Kumar Varma alongwith Mr. Anmol Varma, Advocates. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.03.2025 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. 157/2024 registered at Police Station City Kotwali Durg, Distt,- Durg (C.G.) for the offence punishable under Section 8/22, 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station City Kotwali Durg, Distt,- Durg (C.G.) seized total 12 boxes of AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Alprazolam (7200 tablets), 18 boxes of Proxiohm Spas (4320 capsules), an Activa vehicle and cash from the joint possession of other co-accused persons, thereafter, aforesaid offence has been registered against the co-accused persons and during the course of investigation, the involvement of present applicant has come into light from memorandum statement of the co-accused persons and subsequently present applicant was arrested. Hence, the bail application. 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 06.11.2024, therefore this second bail application is filed on the ground that out of 19 witnesses, the statement of 16 witnesses have been recorded and seizure witnesses have turned hostile before the learned trial Court and the trial is on the verge of its completion, further charge-sheet has already been filed in the present case and the applicant is in jail since 02.04.2024, 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 quantity of contraband article seized from the joint possession of co-accused persons is more than the commercial quantity and from their memorandum statement, name of present applicant has come into light, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the above submissions made by the learned counsel for the parties, as the seizure witnesses have turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 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 06.11.2024 in MCRC No. 6824 of 2024 on the ground that the contraband article seized from the joint possession of co-accused persons was much above the commercial quantity and from their memorandum statement involvement of present applicant has come into light, further it is an organized crime and there appears to be no new ground in the present bail application. 8. Accordingly, the second bail application of the applicant- Rajkumar Gangwani, involved in Crime No. 157/2024 registered at Police Station City Kotwali Durg, Distt,- Durg (C.G.) for the offence punishable under Section 8/22, 27(a) 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