1 2025:CGHC:17675 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2948 of 2025 1 - Smt. Kamla Bai W/o Late Shri Basuri Goand Aged About 50 Years R/o Village - Saasan, Police Station- Patan, Jabalpur, Distt.- Jabalpur (M.P.) 2 - Smt. Rashmi Pal W/o Shri Rajesh Pal Aged About 40 Years R/o Village- Saasan, Police Station - Patan, Jabalpur, Distt.- Jabalpur (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through, Station House Officer, Police Station- Masturi, Distt.- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rajendra Patel, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.04.2025 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 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 to the applicants who have been arrested in connection with Crime No. 601/2023 registered at Police Station Masturi, Distt.- Bilaspur (C.G.) for the offence punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief, is that on 05.11.2023, as per secret information received from the informant, the Police of Police Station Masturi, Distt.- Bilaspur (C.G.) seized 27 Kgs of Ganja from the joint possession of applicants and other co- accused persons, thereafter, aforesaid offence has been registered against the applicants and subsequently, they were arrested. Hence, the bail application. 4. Learned counsel for the applicants submits that the first bail application was rejected by this Court on merits vide order dated 29.04.2024, therefore this second bail application is filed on the ground that since the seizure witnesses have turned hostile before the learned trial Court, further charge-sheet has already been filed in the present case, the applicants are in jail since 05.11.2023 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicants on regular bail. 5. On the other hand, learned State counsel opposes the bail application and submits that from the joint possession of applicants and other co-accused persons 27 Kgs of Ganja has been seized, which is much above the commercial quantity, as such, they are not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case 3 diary. 7. 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 applicants on bail as the same amounts to only tampering with the evidence. 8. From perusal of the records, it transpires that this is the second bail application of the applicants and first bail application of the applicants was rejected by this Court vide order dated 29.04.2024 in MCRC No. 3002 of 2024 on the ground that the contraband article seized from the possession of the applicants was much above the commercial quantity, further there appears to be no new ground. 9. Accordingly, the second bail application of the applicants- Smt. Kamla Bai and Smt. Rashmi Pal, involved in Crime No. 601/2023 registered at Police Station Masturi, Distt.- Bilaspur (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 trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. 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