1 2025:CGHC:45381 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6039 of 2025 Prakash Khillo S/o Guru Khillo Aged About 22 Years R/o Village- Durla Tikrapara, Police Station - Nandpur, District - Koraput, Odisha, Pin- 764020 (Particulars of the applicant is mentioned correctly) ... Applicant versus State of Chhattisgarh Through - Police Station - City Kotwali Gariyabandh, District- Gariyabandh (C.G.) ... Non-Applicant For Applicant : Mr. Chandresh Shrivastava, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.36/2025, registered at Police Station- City Kotwali Gariyabandh, District- Gariyabandh (C.G.) for the offence punishable under Sections 20(B)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. (as per charge-sheet). PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.04 19:43:22 +0530 2 2. The prosecution story in brief, is that on 18.03.2025, the police received a tip-off that two individuals on a white motorcycle were travelling from Devbhog towards Gariyabandh carrying narcotic drugs (Ganja) in their bags. Acting on this information, a raid was conducted at NH-130C, where two accused persons, Nikku Kumar and Shankar Pandey, both residents of Punjab, were apprehended. Upon search, approximately 30.385 kg of Ganja was recovered from Nikku Kumar, and a motorcycle and mobile phone were seized from Shankar Pandey. Both were arrested on the same day. In his memorandum statement, Nikku Kumar disclosed the involvement of co-accused Vishal Kumar Singh and Manish Kumar, also residents of Punjab, who were allegedly escorting them on another motorcycle. They were arrested on 19.03.2025. Nikku Kumar further stated that on 17.03.2025, they had gone to Jeypore, Odisha, to purchase Ganja from an unidentified person known as ‘Dadu’. During the course of investigation, the present applicant was arrested on 08.06.2025 and was sent to judicial custody. After completion of the investigation, the police filed a charge-sheet for the offences mentioned in the application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant has no previous criminal record and he belongs to a poor family and is the sole earning member of the family. The present applicant was arrested only on the basis of suspicion upon the memorandum statement of Nikku Kumar from whom the ganja has been seized and prosecution 3 alleges that the said Ganja was bought from present applicant and the alleged ganja does not belong to the present applicant neither he knows the co-accused persons. It is further submitted that the charge-sheet has not been filed in this case. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant has two previous criminal antecedents one case under Section 376, in which he has been acquitted, and another case under the NDPS Act, which is still pending. It is further submitted that the charge sheet has been filed in the present case. Hence, the applicant's bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and further the fact that the applicant has one previous criminal antecedent under the NDPS Act which shows that the applicant is a habitual offender and it cannot be said to be a case of false implication 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. 7. 7. Accordingly, the bail application of applicant – Prakash Khillo involved in Crime No.36/2025, registered at Police Station- City 4 Kotwali Gariyabandh, District- Gariyabandh (C.G.) for the offence punishable under Sections 20(B)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. (as per charge-sheet), 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. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti