1 2025:CGHC:3108 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 478 of 2025 Dharmendra Tandon @ Bablu S/o Mayalu @ Dandi Ram Tandon, Aged About 32 Years R/o Village - Murethi, Thana - Mandir Hasaud, District (Revenue And Civil) - Raipur (C.G.). ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Mandir Hasaud, District - Raipur (C.G.). ... Non-Applicant(s) For Applicant(s) : Mr. Satish Surya, Advocate. For Non-Applicant(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.01.2025 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. 436/2024 registered at Police Station Mandir Hasaud, District - Raipur (C.G.) for the offence punishable under Section 20(b) of the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 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 Mandir Hasaud, District – Raipur (C.G.) seized 8.304 Kgs of Ganja from the possession of the applicant, 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 09.09.2024, 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 30.05.2024, 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 14 criminal antecedents, out of which, 06 cases are under the Excise Act, 03 cases are under the NDPS Act and rest of the 05 cases are of preventive measures, which shows that the applicant 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 3 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 order dated 09.09.2024, it is apparent that the bail application of the applicant was rejected on merits on the ground that the applicant has 14 criminal antecedents, out of which, 06 cases are under the Excise Act, 03 cases are under the NDPS Act and rest of the 05 cases are of preventive measures, which shows that the applicant is a habitual offender. As such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the second bail application of the applicant-Dharmendra Tandon @ Bablu, involved in Crime No. 436/2024 registered at Police Station Mandir Hasaud, District - Raipur (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. 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