1 2025:CGHC:25946 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4674 of 2025 Laxminarayan Agrawal @ Golu S/o. Late Nandulal Agrwal Aged About 47 Years R/o. Village - Lohasingha, Police Station - Larambha, District - Balangir, Odisha. ... Applicant versus State of Chhattisgarh Through Police Station - Balauda, District - Mahasamund (C.G.) ... Non-Applicant For Applicant : Mr. R.K. Jain, Advocate along with Ms. Kiran Jain, Advocate For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.06.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 105/2024 registered at Police Station – Balauda, District - Mahasamund, (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that the police of Police Station Balauda, District - Mahasamund (C.G.), received a secret RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 information from the informant and on the said information police conducted a raid and seized contraband article i.e. 164 Kg Ganja from the vehicle, and joint possession of the co-accused persons and after inquiry, accused persons admitted that they were taking Ganja for Laxminarayan Agrawal, on this infromation present applicant made accused. Thereafter, offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He further submits that there is no material evidence available against the applicant which connects him with the commission of the crime. He also submits that the applicant has been implicated solely on the basis of the memorandum statements of two co-accused persons who were arrested with a contraband article, i.e., 164 kg of Ganja, and who stated that they had purchased the said contraband article from the applicant. He further submits that the present applicant is in jail since 29.01.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She also submits that though the name of the applicant has come into light in the memorandum statements of the co-accused persons, but the 3 applicant belongs to the State of Odisha where 04 criminal cases are registered against him, out of which 02 cases are under the NDPS Act, shows that the applicant is involved in such offences and is a habitual offender, as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that though the name of the applicant has come into light in the memorandum statements of the co-accused persons who were arrested with a contraband article, i.e., 164 kg of Ganja, and who stated that they had purchased the said contraband article from the applicant, but the applicant belongs to the State of Odisha where 04 criminal cases are registered against him, out of which 02 cases are under the NDPS Act, shows that the applicant is involved in such offences and is a habitual offender, and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. 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, 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 the applicant – Laxminarayan Agrawal @ Golu, involved in Crime No. 105/2024 registered at Police Station – Balauda, District - Mahasamund, (C.G.), for the offence punishable 4 under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan