1 2025:CGHC:9644 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1565 of 2025 Uttam S/o Devrup Aged About 21 Years R/o Vimlapur, Chowki - Dindo, Police Station - Trikunda, District - Balrampur-Ramanujganj (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station - Basantpur, District - Balrampur-Ramanujganj (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Sangeet Kumar Kushwaha, Advocate. For Non-Applicant(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.02.2025 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. 152/2024 registered at Police Station Basantpur, District - Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Act, 1985. 2. Case of the prosecution, in brief, is that on 07.09.2024 the Police of Police Station, Basantpur received a secret information to the effect that the applicant is carrying contraband articles i.e. injection in his motorcycle for sale. On the basis of said information, the Police personnel conducted raid and alleged recovered 184 M.L. Raxo Jesic Injection and 920 M.L. Avil Injection from the dickey of his motorcycle. Thereafter, the offence has been registered and the applicant has been arrested. 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 21.11.2024, therefore this second bail application is filed on the ground that since seizure witness and 04 of the 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 07.09.2024, 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 quantity of contraband article seized from the possession of applicant is much above the commercial quantity, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the above submissions made by the learned counsel for 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 of the applicant and first bail application of the applicant was rejected by this Court on merits vide order dated 21.11.2024 in MCRC No. 7647 of 2024 on the ground that the contraband article seized from the possession of the applicant was much above the commercial quantity, further there appears to be no new ground. 8. Accordingly, the second bail application of the applicant- Uttam, involved in Crime No. 152/2024 registered at Police Station Basantpur, District - Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of four months from the date of receipt of this order in accordance with law, if there is no legal impediment. 10. OfÏce 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