1 2025:CGHC:23452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4211 of 2025 Deepak Gadhewal S/o Dwarika Gadhewal Aged About 46 Years R/o Dhuripara Mangla, P.S. Civil Line Tahsil And District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer- Police Station Civil Line District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Deepak Kumar Kushwaha, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.06.2025 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. 190/2024 registered at Police Station Civil Line District- Bilaspur (C.G.) for the offence punishable under Section 20(b) 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 Civil Line AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 District- Bilaspur (C.G.) seized 1.415 Kgs of Ganja from the possession of the applicant, 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 earlier two bail applications of the applicant were rejected by this Court on merits vide orders dated 22.04.2024 & 12.11.2024, therefore this third 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 21.02.2024, 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 4 criminal antecedents, out of which, one is under the NDPS Act of the year 2021 and rest of the three cases are under the IPC, which shows that he is a habitual offender, as such, the bail application of the applicant is liable to be rejected. 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 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 third bail 3 application of the applicant and earlier two bail applications of the applicant were rejected by this Court vide orders dated 22.04.2024 & 12.11.2024 in MCRC Nos. 1830/2024 & 7834/2024 on the ground that the applicant has criminal antecedent under NDPS Act, which is of the year 2021, therefore, applicant is a habitual offender, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the third bail application of the applicant-Deepak Gadhewal, involved in Crime No. 190/2024 registered at Police Station Civil Line District- 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. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 9. Office 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