1 2025:CGHC:47330 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7381 of 2025 Chandni Banjare D/o Ram Gopal Aged About 23 Years R/o Civil Line Simga, P.S. Simga District - Balodabazar- Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Of Simga, District – Balodabazar-Bhatapara (C.G.) ---- Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.09.2025 1. The applicant has preferred this Second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No.18/2025, registered at Police Station- Simga, District – Balodabazar-Bhatapara (C.G.) for the offences punishable under Sections 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that the Police of Police Station – Simga, District – Balodabazar-Bhatapara (C.G.) has received a secret RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 information through the informant and on the basis of the said information, the Police authority has seized a total of 35 tablets of Spasmo Proxyvon and 50 tablets of Nitrosun from the possession of the applicant. Hence, this application. 3. First bail application of the applicant has been rejected by this Court vide order dated 18.06.2025 passed in MCRC No. 4598/2025. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 09.01.2025. It is further submitted that seizure witnesses have been examined by the trial Court and they have not supported the case of the prosecution. The conclusion of the trial is likely to take some time, therefore, she prays for grant of bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that there are 3 criminal antecedents of the applicant out of which 2 are under the NDPS Act, which are stated to be still pending, and he is a habitual offender. It is further submitted that the chargesheet has been filed in the present case. Hence, his bail application is liable to be dismissed. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the above submissions made by the learned counsel for the applicant, 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. 3 8. Taking into consideration the fact that there are 3 criminal antecedents of the applicant out of which 2 are under the NDPS Act, he is a habitual offender and he has misused the bail granted to him earlier, and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that it is not a t case to enlarge the applicant on regular bail. 9. Accordingly, the Second bail application of applicant – Chandni Banjare involved in Crime No.18/2025, registered at Police Station- Simga, District – Balodabazar-Bhatapara (C.G.) for the offences punishable under Sections 21(B) of the NDPS Act, is rejected at this stage. 10. Needless to say that the learned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 11. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar