1 2025:CGHC:33460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4442 of 2025 Vikky Bind S/o Shri Shyamdhar Bind Aged About 26 Years R/o Maheva, Post - Hariharpur Badouly Thana - Pandari, District - Mirzapur Uttar Pradesh ... Applicant(s) versus State Of Chhattisgarh Through Officer-In-Charge Of Police Station - Arjuni, District - Dhamtari Chhattisgarh ... Non-applicant(s) For Applicant : Mr. R.S. Patel, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.07.2025 1. The applicant has preferred this First 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. 212/2024, registered at Police Station Arjuni District-Dhamtari (C.G.) for the offence punishable under Section 20(b) and 2(c) of the Narcotic Drugs and Psychotropic Substances Act. 2. The prosecution story in brief, is that, on 06/07/2024, at 15:50, the Assistant Sub Inspector Rajendra Soni, Head Constable KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Khomendra, Constable Bhaveshdas Manikpuri constable Tejram Sahu & driver constable Pradeep Kumar Sahu have received a secret information from the informant and on the basis of such information, they reached at concerned spot, conducted raid and have seized total 27.248 kgs. of Ganja from the joint possession of the accused persons (from the possession of the present applicant i.e. 13.780 Kgs of Ganja seized and from the possession of the co- accused Ganga Sonkar 13.468 Kgs of Ganja seized). Thereafter, the aforesaid offence was registered under Section 20 (b) and 2 (C) of Narcotic Drugs and Psychotropic Substances Act. 3. Learned counsel for the applicant submits that the co-accused namely Ganga Sonkar whose bail was rejected by this Court in MCRC No. 850/2024 vide order dated 30.01.2025. Being aggrieved by the said rejection, co-accused Ganga Sonkar preferred a Special Leave Petition (SLP) before the Hon’ble Supreme Court. The Hon’ble Apex Court, after considering the matter, was pleased to grant bail to co-accused Ganga Sonkar in SLP (Criminal) No. 4537/2025, vide order dated 08.05.2025. (Copy of the order is annexed herewith as Annexure A-4). In view of the bail granted to the co-accused in an identical set of facts and circumstances, the present applicant also prays for grant of bail on the ground of parity. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant belongs to the State of Uttar Pradesh and where he has two criminal antecedents out of which one is under the NDPS Act of the year 2023 whose crime No. 142/2023 as such, the present applicant is a habitual offender and 3 he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the present case charge-sheet has been filed before the competent Court and the quantity of contraband article which was recovered from the joint possession of the accused i.e. total 27.248 Kgs of Ganja, further considering the fact that the co-accused namely Ganga Sonkar whose bail was rejected by this Court in MCRC No. 850/2024 vide order dated 30.01.2025, being aggrieved by the said rejection, co-accused Ganga Sonkar preferred a Special Leave Petition (SLP) before the Hon’ble Supreme Court and the Hon’ble Apex Court, after considering the matter, was granted bail to co- accused Ganga Sonkar in SLP (Criminal) No. 4537/2025, vide order dated 08.05.2025 (copy of the order is annexed herewith as Annexure A-4) and so far as the present applicant is concerned, he belongs to the State of Uttar Pradesh and where he has two criminal antecedents out of which one is under the NDPS Act of the year 2023 whose crime No. 142/2023 as such, the present applicant is a habitual offender, further he has misused the bail granted to him earlier, and also in light of the judgment rendered by the Hon’ble Court in Deepak Yadav Vs. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, 4 this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant – Vikky Bind, involved in Crime No. 212/2024, registered at Police Station Arjuni District-Dhamtari (C.G.) for the offence punishable under Section 20(b) and 2(c) of the Narcotic Drugs and Psychotropic Substances Act. , 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) Chief Justice Kunal