1 2025:CGHC:4265 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 471 of 2025 Govinda @ Sonu Mehar S/o Shyam Sundar Mehar Aged About 33 Years R/o Village- Bharari, Police Station - Ratanpur, District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Ratanpur, District- Bilaspur C.G. ... Non-Applicant(s) For Applicant(s) : Mr. Rajeev Kumar Dubey, Advocate. For Non-Applicant(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.01.2025 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. 223/2024 registered at Police Station Ratanpur, District- Bilaspur (C.G.) for the offence punishable under Section 21 and 22 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 the police received a tip that Govinda was carrying a bunch of banned cough syrup, specifically Codeine Phosphate Syrup Maxcough, in a green bag on his black Pulsar motorcycle. When the police raided him on Bharari Road, they found 17 bottles of the stuff, each containing 100ml, which adds up to a total of 1,700ml. The police also recovered Rs. 600 from him, which is allegedly the amount he sold the syrup for. Each bottle costs Rs. 155, so the total value of the syrup is Rs. 2,635, 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 26.11.2024 in MCRC No.8167 of 2024, therefore this second bail application is filed on the ground that independent witnesses, namely, Shubham Shrivastav and Tulesh Kashyap and witness of weighing, namely, Magatram Suryavanshi have been examined before the trial Court and they have have been turned hostile. He also submits that applicant is suffering from head injury and due to its complication, he had been admitted in CIMS Hospital, Bilaspur for treatment and doctor had advised for surgery for that head injury, which is not possible in CIMS Hospital, due to this previous head injury, he has been continuously suffering headache and his treatment is regularly going on in Jail Hospital and CIMS Hospital. On 14.12.2024, doctor referred to Nureo Surgery for further treatment, the health condition of applicant is very critical in jail, certain documents related to his treatment in Jail Hospital and CIMS Hospital have been obtained by application under RTI Act on 3 20.12.2024, copies of which are annexed as Annexure A-6, charge-sheet has already been filed in the present case and the applicant is in jail since 20.03.2024, 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 she has verified the said fact and found that in the CT Scan Report, no significant abnormality was demonstrated, further the quantity of contraband article seized from the possession of applicant is much above 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 for the parties, as the independent witnesses, namely, Shubham Shrivastav and Tulesh Kashyap and witness of weighing, namely, Magatram Suryavanshi have been examined before the trial Court and they have have been turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence, further the medical ground raised in the second bail application, which is also verified by the State counsel and found that in the CT Scan Report, no significant abnormality was demonstrated. 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 26.11.2024 in MCRC 4 No. 8167 of 2024 on the ground that the contraband article seized from the possession of the applicant was much above the commercial quantity. 8. Accordingly, the second bail application of the applicant- Govinda @ Sonu Mehar, involved in Crime No. 223/2024 registered at Police Station Ratanpur, District- Bilaspur (C.G.) for the offence punishable under Section 21 and 22 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. 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