1 2025:CGHC:23456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4177 of 2025 Rahul Pathak S/o. Shri Brijmohan Pathak Aged About 26 Years R/o. Near Ramsharan Hotel, Patan, P.S.- Patan, Dist. Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - S.H.O. G.R.P., Bhilai, Dist. Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sumit Singh, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.06.2025 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. 99/2024 registered at Police Station G.R.P., Bhilai, Dist. Durg (C.G.) for the offence punishable under Section 8(C) and 21(C) 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 G.R.P., AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Bhilai, Dist. Durg (C.G.) seized 508 units of psychotropic substance (Codeine) from the possession of co-accused persons and from their memorandum statement the name of present applicant has come into light, 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 18.02.2025, therefore this second bail application is filed on the ground that out of 16 witnesses, the statement of 5 witnesses have already been recorded and they 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 02.01.2025, 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 from the joint possession of applicant and co-accused persons 508 units of psychotropic substance (Codeine) has been recovered, which is much above the commercial quantity, as such, he 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 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. 3 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 18.02.2025 in MCRC No. 1362 of 2025 on the ground that the psychotropic substance (Codeine) seized from the possession of the applicant was much above the commercial quantity, further there appears to be no good ground. 8. Accordingly, the second bail application of the applicant- Rahul Pathak, involved in Crime No. 99/2024 registered at Police Station G.R.P., Bhilai, Dist. Durg (C.G.) for the offence punishable under Section 8(C) and 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. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil