1 / 4 2025:CGHC:22379 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 772 of 2025 Himalay Verma @ Prince S/o Khilawan Verma Aged About 29 Years R/o Village - Saiha, Police Station - Palari, District Balodabazar-Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Of Police Station - City Kotwali, Balodabazar, District Balodabazar-Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Anil Kumar Gupta, Advocate For Non-Applicant/State : Mrs. Upasana Mehta, Deputy Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.05.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.20/2025 registered at Police Station – City Kotwali, Balodabazar, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 20 (b) of the Narcotic Drugs and Digitally signed by NADIM MOHLE 2 / 4 Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 07.01.2025, after receipt of a secret information, the Police party reached near Preeti Bhawan, on the canal bank, where the present applicant and co-accused were seen with a bag. On spotting the police vehicle, the present applicant fled away, while the co-accused was apprehended, who was identified himself as Mayank Pandey alias Manku, son of Yogesh Pandey, aged 18 years and 8 months, originally from Tildadih (PS Kharora, District Raipur), and currently residing at Ashish Chowk, Indira Colony, Baloda Bazar and upon searching the bag in his possession, the police recovered 07 kg of ganja, amounting to Rs. 70,000. The contraband was seized in the presence of witnesses. 3. Learned counsel appearing for the applicant submit that the applicant is an innocent person who has falsely been implicated in the present case. He has not committed any offence as alleged by the prosecution. No specific role has been attributed to the applicant in the alleged commission of the offence, and his name surfaced only after the arrest of the co-accused. It is further submitted that the applicant was earlier implicated in Crime No. 722/2024 for allegedly assaulting a police officer, and the 3 / 4 investigation in both cases has been conducted by officers from the same police station, which raises serious doubts about the fairness and objectivity of the present case. Hence, the applicant prays for grant of anticipatory 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 case diary. 6. From a careful perusal of the case diary and materials available, it is apparent that the applicant/accused Himalaya Verma is allegedly involved in the illegal transportation and sale of ganja, which he is said to bring from the State of Orissa for distribution in the local area. The nature of the offence falls under serious and grave violations of the NDPS Act, and the involvement of the applicant appears to be prima facie established based on the evidence collected during the course of investigation. 7. Recently the Supreme Court in the matter of Anarul SK v. The State of West Bengal {SLP (Crl.) No(s). 12621/2024 has observed that the grant of anticipatory bail in cases involving Narcotic Drugs and Psychotropic Substances (NDPS) is a very serious issue. 4 / 4 8. Taking into consideration the facts and circumstances of the case, the manner of commission of the offence, larger public interest involved in relation to health and safety, and in the light of observation made by the Supreme Court in Anarul SK (supra), this Court finds no justification to extend the benefit of anticipatory bail to the applicant at this stage. 9. Accordingly, this bail application of applicant – Himalay Verma @ Prince involved in Crime No.20/2025 registered at Police Station City Kotwali, Balodabazar, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. Sd/- (Ramesh Sinha) Chief Justice Nadim