1 2025:CGHC:48346 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7560 of 2025 Sheikh Salman S/o Sheikh Jallu Aged About 28 Years R/o Village Barela, Police Station Jarhagaon, District : Mungeli, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer City Kotwali Mungeli, District : Mungeli, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Vijay Shankar Mishra, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.09.2025 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. 494/2024 registered at Police Station City Kotwali Mungeli, District : Mungeli (C.G.) for the offence punishable under Section 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that as per secret information AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 received from the informant, the Police of Police Station City Kotwali Mungeli, District : Mungeli (C.G.) seized Nitrazepam Tablets IP NitrosunR 107 Strips of 1X10 tablets each Total 70 tablets in which each 10 mg Nitrasepam (700) and Alprazolam Tablets IP 0.5 Alprascan) 0.5 46 Strips of 1 X 15 tablets each Total 690 Tablets in which each 0.5 mg Alprazolam, Alprazolam tablets IP 0.5 Strips of 1 X 10 tablets each Total 440 in which each 0.5 mg Alprazolam narcotics Total 1130 Tablets from the possession of the applicant, thereafter, the offence has been registered against the applicant and subsequently, the applicant was arrested. Hence, the second 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 13.01.2025, 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 30.11.2024, 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 01 criminal antecedent of the year 2024 under the NDPS Act, 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 3 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 filed by the applicant. The first bail application was rejected by this Court vide order dated 13.01.2025 passed in MCRC No. 276 of 2025, on the ground that the applicant has one criminal antecedent of the year 2024 under the NDPS Act, which indicates that the applicant is a habitual offender. Considering the fact that the said criminal case is still pending against him, and there appears to be no new or substantial ground to entertain the present bail application, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the second bail application of the applicant - Sheikh Salman, involved in Crime No. 494/2024 registered at Police Station City Kotwali Mungeli, District : Mungeli (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 concluded 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/- (Ramesh Sinha) CHIEF JUSTICE Akhil