1 2026:CGHC:20958 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2208 of 2026 Eman Kosle W/o Manoj Kosle Aged About 36 Years R/o Minibasti Jarhabhata, P.S. Civil Lines, Bilaspur District Bilaspur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Civil Lines, Bilaspur Chhattisgarh ... Non-applicant(s) For Applicant(s) : Mr. Ajay Ayachi, Advocate. For Non-applicant(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/05/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 785/2024 registered at Police Station Civil Lines, Dist.- Bilaspur (C.G.) for the offence punishable under Sections 21 and 22 of NDPS Act. 2. The earlier first bail application of the applicant being MCRC No.8539/2025 was rejected by this Court vide order dated KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 28.10.2025, on merits. Hence the present bail application. 3. As per the prosecution story, in brief, on 27.08.2024, acting on information received from an informer, the police of Police Station Civil Lines, Bilaspur, conducted a raid at Mini Basti, Jarhabhata, Bilaspur. During the search, the police allegedly recovered narcotic substances from the possession of the applicant/accused. From the spot and upon production by the accused, the following contraband items were seized: Buprenorphine injections (46 ml in total), Nitrazepam tablets (130 tablets), and Alprazolam tablets (525 tablets). The recovered quantity falls under the category of commercial quantity. Consequently, an offence under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, was registered against the applicant vide Crime No. 785/2024 at Police Station Civil Lines, Bilaspur. During the course of investigation, the applicant was found to be involved in the alleged offence and was arrested on 27.08.2024. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the first bail application of the applicant was rejected by this Court on merits, however, a new ground has now been raised that out of 17 prosecution witnesses, only 7 have been examined. It is also submitted that the applicant has been in judicial custody since 27.08.2024, and therefore, the trial is likely to take considerable time for its conclusion. Accordingly, he prays 3 for grant of bail to the applicant. 5. Learned State Counsel opposes the bail application and submits that the first bail application of the applicant was rejected by this Court in MCRC No. 8539/2025 vide order dated 28.10.2025, on merits and the new ground raised by learned counsel for the applicant does not deserve to be considered. It is further submitted that a commercial quantity of contraband, including Buprenorphine injections (46 ml), Nitrazepam tablets (130), and Alprazolam tablets (525), was recovered from the possession of the applicant. It is argued that the offence under Sections 21 and 22 of the NDPS Act is serious in nature, as the quantity seized is of commercial quantity, and therefore, the applicant is not entitled to be released on bail. 6. Learned State counsel further submits that in compliance of the Court’s order dated 20.04.2026, the Director General of Police has filed his personal afÏdavit before this Court and wherein stated that several prosecution witnesses have already appeared before the learned trial Court and their statements have been recorded, while some witnesses were either given up or substituted with due permission of the Court. It is further submitted that summons and warrants have been issued from time to time to secure the presence of the remaining witnesses and most of them have either been examined or have appeared before the concerned Court. At present, only a few witnesses remain to be examined and necessary steps are being taken to ensure their presence in 4 accordance with the directions of the learned trial Court. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case, nature and gravity of the offence and the period of detention of the applicant since 27.08.2024, it is noted that the first bail application of the applicant was rejected on merits by this Court in MCRC No. 8539/2025 vide order dated 28.10.2025. Further, as per the perusal of the status report of the learned trial Court filed by the Special Judge (NDPS Act), Bilaspur, it is revealed that the statements of 06 prosecution witnesses have already been recorded and as per the trial programme, the statements of three more witnesses, including the Investigating OfÏcer, are yet to be recorded and the next date fixed i.e. 22.04.2026. In view of the above, this Court is of the considered opinion that, at this stage, it is not appropriate to grant bail to the applicant. 9. Accordingly, the present Second bail application of the applicant namely- Eman Kosle involved in Crime No. 785/2024 registered at Police Station Civil Lines, Dist.- Bilaspur (C.G.) for the offence punishable under Sections 21 and 22 of NDPS Act, stands rejected. 10. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously preferably within a period of two months from the date of receipt of certified copy of this order, in accordance with law, if there is no 5 legal impediment. 11. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal