1 2025:CGHC:3725 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 555 of 2025 Mo. Mustak Khan S/o Mo. Gafur Khan Aged About 40 Years R/o Sanjay Nagar, Mandani Chowk, Police Station- Tikrapara, Raipur, District- Raipur (C.G.) (As Per Rejection Order Of The Learned Trial Court) And Present R/o Simran City, Mathpurena, Tikrapara, Raipur, District- Raipur (C.G.) (As Per Charge Sheet) --- Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station- Tikrapara, District- Raipur (C.G.) --- Non-Applicant(s) For Applicant(s) : Mr. Shivendu Pandya, Advocate. For Non-Applicant(s) : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.01.2025 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. 200/2024 registered at Police Station Tikrapara, District- Raipur (C.G.) for the offence punishable under Section 20 (C), 29 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 on 13.03.2024, the Police of Police Station Tikrapara, District- Raipur (C.G.) received secret information from the informant that some persons were carrying contraband article and on the basis of said information, the Police have conducted raid and seized total 21.400 Kgs of Ganja from the joint possession of applicant and other co- accused persons, thereafter, the offence has been registered against the applicant. 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 17.05.2024, therefore this second bail application is filed on the ground that since 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 13.03.2024, 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 applicant has one criminal antecedent under the IPC and the quantity of contraband article seized from the joint possession of applicant and other co-accused persons 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 3 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 17.05.2024 in MCRC No. 3212 of 2024 on the ground that the contraband article seized from the possession of the applicant was much above the commercial quantity and applicant has one criminal antecedent under the IPC, further there appears to be no new ground. 8. Accordingly, the second bail application of the applicant- Mo. Mustak Khan, involved in Crime No. 200/2024 registered at Police Station Tikrapara, District- Raipur (C.G.) for the offence punishable under Section 20 (C), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of four months from the date of receipt of this order in accordance with law, if there is no legal impediment. 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