1 2025:CGHC:12582 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2055 of 2025 Suraj Kumar S/o Rajesh Kumar Aged About 22 Years R/o Village Tulshi, Police Station Chowki Latori, Police Thana Jainagar, District Surajpur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Pratappur, District Surajpur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Anil Kumar Gulati, Advocate. For Respondent(s) : Ms. Monika Thakur, 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. 300/2023 registered at Police Station Pratappur, District Surajpur (C.G.) for the offence punishable under Section 21 (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 as per secret information received from the informant, the Police of Police Station Pratappur, District Surajpur (C.G.) seized 260 pieces of Codeine Phosphate & Triprolidine Hydrochloride Syrup Onerex Cough Syrup and per piece quantity of syrup 100 ml in bag, thereafter aforesaid offence has been registered against the applicant and subsequently he 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 10.05.2024, therefore this second bail application is filed on the ground that out of 18 witnesses, the statement of 12 witnesses have been recorded and the seizure witnesses have turned hostile before the learned trial Court, charge-sheet has already been filed in the present case and the applicant is in jail since 07.04.2024, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the quantity of contraband article seized from the possession of applicant is more than the commercial quantity, therefore, the applicant is not entitled for grant of bail. 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 the seizure witnesses have turned hostile, the 3 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 10.05.2024 in MCRC No. 3282 of 2024 on the ground that the contraband article seized from the possession of applicant was much above the commercial quantity, further there appears to be no new ground in the present bail application. 8. Accordingly, the second bail application of the applicant- Suraj Kumar, involved in Crime No. 300/2023 registered at Police Station Pratappur, District Surajpur (C.G.) for the offence punishable under Section 21 (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