1 / 2 2025:CGHC:9175 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1514 of 202 5 • Emon Ali S/o Ali Nawaj Aged About 29 Years R/o Lalkunwa Delhi, Police Station- Prahaladpur, District South Delhi, Delhi. ... Applicant versus • State of Chhattisgarh through Police Station Ratanpur, District Bilaspur, Chhattisgarh. ... Respondent For Applicant : Mr. Pawan Shrivastava, Advocate For Respondent-State : Mrs. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice ORDER ON BOARD 21/02/2025 1. Applicant has filed this second bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 141/2024 registered at Police Station – Ratanpur, District Bilaspur (C.G.) for offence punishable under Section 20(b) of the N.D.P.S. Act. 2. Case of prosecution in brief is that police of police station Ratanpur, District Bilaspur recovered 5 K.G. of illegal cannabis from possession of applicant near Ratanpur Nawapara Bypass, based upon which crime was registered against applicant and he was arrested on 17.02.2024. 3. Learned counsel for applicant submits that first bail application preferred by applicant was rejected on the ground that applicant is having one criminal antecedent under the NDPS Act of the year 2023. This second bail application PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 2 was preferred on the ground that the no witnesses appeared before the trial court for recording evidence and the applicant is in jail since 17.02.2024. It is argued that applicant is innocent and has been falsely implicated in this case. Further, the quantity of contraband article seized from the applicant is below the commercial quantity as the commercial quantity of ganja is 20 kg and from the present applicant only 5 kg of ganja has been recovered. Though the charge-sheet has been filed but it may take some time to conclude the trial, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that from the possession of the applicant, 5 kgs of contraband article cannabis has been seized and further he has one previous criminal antecedent under the NDPS Act of year 2023, which itself shows that the applicant is a habitual offendor. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Taking into consideration the nature and gravity of the offence and the fact that applicant has one previous criminal antecedent of the year 2023 which is also under the NDPS Act pending against him on which ground the earlier first bail application of applicant was rejected, I am not inclined to allow this second bail application. Accordingly, it is rejected. 7. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 8. 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) pwn CHIEF JUSTICE