1 2025:CGHC:23047 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3838 of 2025 Afsar Hasan S/o Alim Hasan Aged About 20 Years R/o Telaidhar P.S.Sitapur, Distt. Surguja (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O., Police Station Divisional Excise Flying Scott, Division Surguja, Distt.Surguja (C.G.) As Per Charge Sheet ... Respondent For applicant : Shri Sanjay Pathak, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/06/2025 1. This is the third 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.33/2024 registered at Police Station Divisional Excise Flying GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.12 20:28:49 +0530 2 Scot, Division- Surguja, Distt. Surguja (C.G.) for the offence punishable under Section 20 (B)(ii)(b) of N.D.P.S. Act. 2. Case of the prosecution, in brief, is that on 14.06.2024, a secret information was received by the police personals from the informant and they made a search of the applicant and seized 8 kg Ganja from the possession of the applicant and he has been arrested for the alleged offence under section 20 (B)(ii) (b), NDPS Act. 3. Learned counsel for the applicant submits that this is the third bail application of the applicant, first bail application of the applicant was rejected on merits on 18/10/2024 and second bail application of the applicant was dismissed as withdrawn on 17/04/2025. He would submit that there are total 8 prosecution witness in the present case out of which only 3 witness have been examined before the trail court and other witnesses have not come before the court to record their statement, further charge-sheet has already been filed in the present case, the applicant is in jail since 14/06/2024 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application. She would submit that there is one criminal antecedent of the applicant under the NDPS Act. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. From perusal of the records, it transpires that this is the third bail application of the applicant, first bail application of the applicant was rejected on merits on 18/10/2024 and second bail application of the applicant was dismissed as withdrawn on 17/04/2025. Considering the fact that there is one criminal antecedent of the applicant under the NDPS Act and the ground which has been raised in this third bail application that there are total 8 prosecution witness in the present case out of which only 3 witness have been examined before the trail court and other witnesses have not turned up before the court to record their statement which cannot be a ground to entertain this third bail application of the applicant. 7. Accordingly, the third bail application of the applicant- Afsar Hasan, involved in Crime No.33/2024 registered at Police Station Divisional Excise Flying Scot, Division- Surguja, Distt. Surguja (C.G.) for the offence punishable under Section 20 (B)(ii)(b) of N.D.P.S. Act, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. to the trial Court concerned for necessary information e tr Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri