1 2025:CGHC:54855 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8865 of 2025 Dharmendra Prasad S/o Baijnath Prasad Aged About 43 Years R/o Village Sirsi, Police Chouki Basdei, P.S. Surajpur, District Surajpur (C.G.) ... Applicant versus State of Chhattisgarh Through - O0cer-In-Charge, Excise Circle - Surajpur, District - Surajpur (C.G.) ... Non-applicant For Applicant : Ms. Meena Shastri, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.11.2025 1. This is the second bail application ;led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 62/2025 registered at Police Station Excise Circle Surjapur, District – Surajpur (C.G.), for the o>ence punishable under Section 22C of Narcotic Drugs and Psychotropic Substances Act. 2. The earlier bail application of the applicant being MCRC No. 8086 of 2025 was rejected by this Court vide order dated 13.10.2025 on merits. 3. As per the prosecution case, on 25.07.2025, the Excise Sub-Inspector received information during patrolling duty regarding the possession of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.12 18:22:54 +0530 2 contraband substances in the house of the applicant. Acting upon the said information, the o0cer conducted a search and seized the alleged substances from the applicant’s house on the same day, without obtaining a search warrant. It is further contended by the prosecution that 40 pieces of “Onerex,” 356 pieces of “Spasmo Proxyvon,” and 720 pieces of “Alprazolam” were seized from the applicant’s house. The applicant was arrested on the same day. This second application for grant of bail is being ;led on the ground of change in circumstances. 4. Learned counsel for the applicant submits this is the second bail application. The ;rst bail application was dismissed vide order dated 13.10.2025. Thereafter, charges have been framed and the trial has commenced. Two independent prosecution witnesses have been examined during the trial, both of whom did not support the prosecution case. He also submits that the entire prosecution story is based upon these two witnesses, apart from the formal witnesses. These witnesses are those of seizure, panchnama, veri;cation memo, etc. One Rahul Soni has been examined as PW-01, and a copy of his deposition is annexed herewith as Annexure A-04. Another independent witness, Amit Gupta, has been examined as PW-02. He also submits that the present applicant has no criminal antecedents and he is in jail since 25.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case. 5. On the other hand, learned State counsel opposes the bail application of the present applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the above submissions, as the 02 independent prosecution witness have been turned hostile, the same cannot be a ground for 3 releasing the applicant on bail, therefore, I am not inclined to grant regular bail to the present applicant. 8. Accordingly, the second bail application of the applicant – Dharmendra Prasad, ;led under Section 483 of the BNSS involved in Crime No. 62/2025 registered at Police Station Excise Circle Surjapur, District – Surajpur (C.G.), for the o>ence punishable under Section 22C of Narcotic Drugs and Psychotropic Substances Act, is rejected. 9. However, this Court hopes and trust that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible preferably within a further period of four months from the date of receipt of a certi;ed copy of this order, if there is no legal impediment. 10. O0ce is directed to send a certi;ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek