1 CGHC010260962026 2026:CGHC:28423 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6105 of 2026 Ashok Behra S/o Rohit Behra Aged About 40 Years R/o Village Aamgaon P.S. Tamnar District- Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Tamnar District- Raigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sanjay Agrawal, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2026 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.222/2025 registered at Police Station- Tamnar, District- Raigarh (C.G.) for the offence punishable under Section 21(C) of the NDPS Act. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2026.07.10 11:12:16 +0530 2 2. The prosecution case, in brief, is that on 29.09.2025, while on routine patrolling near Village Hijhar Tiraha within the jurisdiction of Police Station Tamnar, District Raigarh, Head Constable Vipin Patel allegedly intercepted the accused persons and conducted their search. During the search, the police allegedly recovered from the possession of the present applicant ten bottles (1000 ml) of intoxicating syrup containing Codeine Phosphate and Triprolidine Hydrochloride, along with three strips of intoxicating capsules and one Vivo mobile phone. It is further alleged that ten bottles (1000 ml) of the said intoxicating syrup were recovered from the possession of co-accused Lalit Gupta, while five bottles (500 ml) of the same intoxicating syrup were recovered from the possession of co-accused Sushil Rathiya. The police also seized one Platina motorcycle bearing registration No. CG-13-BB-3242, allegedly used in the commission of the offence. On the basis of the said seizure, Crime No. 222/2025 was registered for the offence punishable under Section 21(C) of the NDPS Act against the accused persons, who were thereafter arrested and the matter was taken up for investigation. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court vide order dated 10.02.2026 in MCRC No. 1466/2026 on merits. He further submits that the applicant has preferred this second bail application on the ground that out of 17 prosecution witnesses, only two seizure witnesses have been examined and both have 3 turned hostile, thereby materially weakening the prosecution case. It is also argued that the total quantity of the alleged cough syrup and narcotic capsules recovered in the case is below commercial quantity. The applicant has remained in judicial custody since 29.09.2025, while the trial has progressed at a slow pace with only two witnesses examined so far out of 17 cited witnesses. It is submitted that the conclusion of the trial is likely to take considerable time and continued incarceration of the applicant for an indefinite period would be unjustified. On these grounds, it is prayed that the applicant be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that first bail application of the applicant was rejected by this Court vide order dated 10.02.2026 in MCRC No. 1466/2026 on merits and further, third bail application of the co-accused namely, Chhotu Yadav @ Karunakar Yadav has already been rejected by this Court vide order dated 06.07.2026 in MCRC No. 5931 of 2026 hence, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the nature and gravity of the offence and the fact that the earlier bail application of the applicant was rejected on merits, and no substantial change in circumstances has been demonstrated warranting reconsideration and furthermore, third bail application of the co-accused namely, 4 Chhotu Yadav @ Karunakar Yadav has already been rejected by this Court vide order dated 06.07.2026 in MCRC No. 5931 of 2026, this Court is of the view that the applicant is not entitled to be enlarged on bail. 7. Accordingly, the bail application filed by the applicant/accused – Ashok Behra involved in Crime No.222/2025 registered at Police Station- Tamnar, District- Raigarh (C.G.) for the offence punishable under Section 21(C) of the NDPS Act, is rejected at this stage. 8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Manpreet