1 2026:CGHC:24408 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5052 of 2026 Israil Khan S/o Shahadat Khan Aged About 18 Years R/o Ward Number 10 Uparwara Abhanpur, P.S. Abhanpur, District - Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Rajim, Gariyaband, District - Gariyaband, Chhattisgarh. ... Respondent For Applicant : Shri Anup Kumar T. Sharma, Advocate. For Respondent/State : Ms. Ritika Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/06/2026 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. 186/2025 registered at Police Rajim, District - Gariyaband, Chhattisgarh for the offence punishable under Section 20 (B) II/C GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.06.19 13:08:54 +0530 2 of the NDPS Act. 2. Case of the prosecution, in brief, is that on 26.06.2025 Police Station-Rajim, District Gariyaband received a tip, following upon which seizure of 12.365 kg of ganja was made from the co- accused Omprakash Banjare, 12.160 kg of ganja was seized from the co-accused Pankaj Dahariya & from applicant Israil Khan 10.290 KG ganja was seized. 3. Learned counsel for the applicant submits that this is the second bail application of the applicant, first bail application of the applicant was rejected on merits vide MCRC No.189/2026 on 09/01/2026. He would submit that out of 11 prosecution witnesses, statement of 5 prosecution witnesses have been recorded and the seizure witnesses have turned hostile, so far as rest of the witnesses are concerned, bailable warrant have been issued against them but they being the police personnel are not appearing before the trial court. He would submit that the applicant is in jail since 26/06/2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. From perusal of the records, it transpires that this is the second 3 bail application of the applicant, first bail application of the applicant was rejected on merits vide MCRC No.189/2026 on 09/01/2026. Ground which has been raised in this bail application that out of 11 prosecution witnesses, statement of 5 prosecution witnesses have been recorded and the seizure witnesses have turned hostile, which cannot be a ground to allow this second bail application. 7. Accordingly, the second bail application of the applicant- Israil Khan, involved in Crime No. 186/2025 registered at Police Rajim, District - Gariyaband, Chhattisgarh for the offence punishable under Section 20 (B) II/C of the NDPS Act, is rejected. 8. The Director General of Police is directed to ensure the presence of all the prosecution witnesses who are the police personnel before the trial court on the next date, failing which, if so required their salary should be stopped. 9. Copy of the order be sent to the Director General of Police by the State counsel and also to the trial court by the Registrar (Judicial) for necessary information and compliance further. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri