1 2025:CGHC:58374 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9682 of 2025 Mahesh Kumar Bareth S/o Pusau Ram Bareth Aged About 34 Years R/o Village - Pendri, Police Station And Tahsil - Janjgir, District - Janjgir- Champa (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - The Station House Officer, Police Station - Janjgir, District - Janjgir-Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. Paras Mani Shriwas, Advocate. For Respondent(s) : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.12.2025 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. 301/2025 registered at Police Station Janjgir, District - Janjgir- 2 Champa (C.G.) for the offence punishable under Section 21(C), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 16.04.2025, the Station House Inspector of Police Station Janjgir received secret information that Mahesh Bareth, a resident of Village Pendri, was traveling on his Platina motorcycle (CG 11 MB 3563) carrying intoxicating tablets towards Dhurkot. Acting on this information, the police reached the indicated location, conducted a search, and recovered 912 intoxicating tablets kept inside a red carry-bag attached to the motorcycle handle. Finding sufficient evidence, the police arrested Mahesh Bareth under Sections 21(C) and 29 of the NDPS Act. Based on his statement, co-accused Mahendra was also arrested, and further investigation is ongoing. Hence, the 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 27.06.2025, therefore this second bail application is filed on the ground that since two of the prosecution witnesses have been examined before the trial Court and have turned hostile, charge-sheet has already been filed in the present case and the applicant is in jail since 16.04.2025, 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 is alleged to have been 3 found in possession of 912 intoxicating tablets (555.56 grams), which fall under commercial quantity. He was allegedly carrying these tablets in a red carry bag on his motorcycle and is accused of involvement in possessing and supplying illegal narcotic tablets, attracting charges under Sections 21(C) and 29 NDPS Act. 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 two of the prosecution 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 of the applicant and first bail application of the applicant was rejected by this Court vide order dated 27.06.2025 in MCRC No. 3826 of 2025 on the ground that the contraband article seized from the possession of the applicant i.e. 912 intoxicating tablets (555.56 grams), fall under commercial quantity. As such, 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-Mahesh Kumar Bareth, involved in Crime No. 301/2025 registered at Police Station Janjgir, District - Janjgir-Champa (C.G.) for the offence punishable under Section 21(C), 29 of the Narcotic Drugs 4 and Psychotropic Substances Act, 1985, is rejected at this stage. 9. 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