1 2026:CGHC:23832 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1826 of 2026 Krishna Shukla @ Babu S/o Shri Rajesh Shukla Aged About 20 Years R/o Gali No. 03 Near Jaiswal Aata Chakki, Sarkanda, Bilaspur, District Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station Komakhan, District Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Praveen Sharma, Advocate. For Respondent(s) : Mr. Shubham Bajpai, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/06/2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 79/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Komakhan, District- Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 04.08.2025, a Swift Dzire car bearing registration No. CG-10-AY-7100 met with an accident near Kali Mandir, Temri. Upon search of the abandoned vehicle, the police recovered 40 kilograms of ganja from its boot. During investigation, it was alleged that the accused persons had procured the contraband from Khariar, Odisha, and were transporting it to Bilaspur. On the basis of the memorandum statement of co-accused Krishna @ Babu Shukla and the recovery of 2 kilograms of ganja pursuant to his disclosure, the applicant and other co-accused were implicated in the offence under the NDPS Act. 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 19.11.2025, therefore this second bail application is filed on the ground that the applicant is in judicial custody since 08.09.2025. He further submits that the seizure witness has not supported the prosecution case and has been declared hostile. It is also contended that the name of the present applicant surfaced only on the basis of the memorandum statement of the registered owner of the vehicle bearing Registration No. CG-10-AY-7100, from which the alleged contraband was recovered, the said 3 vehicle was found abandoned at a public place, and there is no other cogent material connecting the applicant with the alleged offence, charge-sheet has already been filed in the present case. So far as the status of the trial is concerned, out of 19 witnesses, 09 witnesses have been examined before the trial Court, out of which, seizure witness has turned hostile, further the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant along with the co-accused persons, had participated in procuring and transporting commercial quantity of ganja i.e. 40 Kgs from Khariar, Odisha, to Bilaspur, and during the said transportation when the vehicle carrying the contraband met with an accident, the applicant and other co-accused person fled from the spot, and was arrested during the course of investigation, whereas the other two co-accused persons are still absconding, as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the submissions made by the learned counsel for the applicant, as seizure witness has turned hostile, the same cannot be a ground for releasing the applicant on bail as the same 4 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 19.11.2025 in MCRC No. 9327 of 2025 on the ground that the involvement of the applicant was found in procuring and transporting commercial quantity of ganja i.e. 40 Kgs from Khariar, Odisha, to Bilaspur through Swift Dzire car bearing registration No. CG-10-AY-7100, which met with an accident and fallen into a field near Kali Mandir, Temri, During investigation, it was revealed that the vehicle had been taken by Rajveer Tank along with Krishna @ Babu Shukla and another co-accused for procuring ganja from Khariar, Odisha. The prosecution alleges that while transporting the contraband to Bilaspur, the accused attempted to evade police checking, resulting in the accident and on the basis of the memorandum statement of co-accused Krishna @ Babu Shukla and subsequent recovery of an additional 2 kilograms of ganja from his disclosure, the applicant and other accused persons were implicated in the alleged offence, further considering the fact that two of the co- accused persons are still absconding. As such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. So far as the status of the trial is concerned, out of 19 witnesses, 09 witnesses have been examined before the trial Court 5 8. Accordingly, the second bail application of the applicant-Krishna Shukla @ Babu, involved in Crime No. 79/2025 registered at Police Station Komakhan, District- Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavor 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil