1 2025:CGHC:58609 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9708 of 2025 Tarun Sardar S/o Kishor Sardar, Aged About 21 Years R/o Digma Dhalipara, P.S. Gandhinagar, District Sarguja Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Gandhinagar District Sarguja (Wrongly Mentioned As Raipur In Annexure A-1) Chhattisgarh ... Non-Applicant For Applicant : Mr. Sudhir Kumar Sahu, Advocate. For Non-Applicant : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.12.2025 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. 260/2025 registered at Police Station Gandhinagar, District - Sarguja (C.G.) for the offence punishable under Section 22-C of the Narcotic Drugs and Psychotropic Substances Act, 1985. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the Police Station Gandhinagar received a secret information from an informant that on the date of the incident, certain unknown persons were in possession of illegal banned medicines for the purpose of sale. Acting upon the said information, the police reached the spot and seized Telgesic Buprenorphine Injection I.P. 0.2 ml (17 ampoules) and Avil Pheniramine Maleate Injection I.P. 10 ml (21 vials) from an open place at the location. Consequently, an offence punishable under Section 22-C of the NDPS Act was registered against the applicant and other co-accused persons. 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 07.08.2025, therefore this second bail application is filed on the ground that since the material 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 27.04.2025, 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 police, acting on the secret information, reached the spot and seized Telgesic Buprenorphine Injection I.P. 0.2 ml (17 ampoules) and Avil Pheniramine Maleate Injection I.P. 10 ml (21 vials) from an open place. It is urged that, in view of the recovery, an offence punishable under Section 22-C of the NDPS Act has rightly been registered against the applicant 3 and the other co-accused persons. Therefore, considering the gravity of the offence and the nature of the contraband seized, the bail application deserves 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 material witness has 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 record, it transpires that this is the second bail application preferred by the applicant. The first bail application was rejected by this Court vide order dated 07.08.2025 passed in MCRC No. 6246 of 2025 on the ground that the contraband article, namely 17 ampoules of Telgesic Buprenorphine Injection I.P. 0.2 ml and 21 vials of Avil Pheniramine Maleate Injection I.P. 10 ml, had been recovered from the possession of the applicant, which is much above the commercial quantity. The applicant had failed to offer any plausible explanation for such possession, and therefore, the plea of false implication was not accepted. 8. Even in the present application, no new or good ground has been made out which may persuade this Court to take a different view from the earlier order. As such, this Court is of the considered opinion that it is not a fit case to enlarge the applicant on regular bail. 4 9. Accordingly, the second bail application of the applicant–Tarun Sardar, involved in Crime No. 260/2025 registered at Police Station Gandhinagar, District Sarguja (C.G.) for the offence punishable under Section 22-C of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 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