1 2025:CGHC:43977 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6262 of 2025 • Krishna Shikari Urf Halki S/o Shivkumar Shikari Aged About 34 Years R/o Ward No. 16 Village Matiyari, Post Janji, P.S. Sipat District Bilaspur C.G. ... Applicant versus • State of Chhattisgarh Through- Station House Officer Police Station Sarkanda, District Bilaspur C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Manoj Jaiswal, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.756/2025 registered at Police Station – Sarkanda, District – Bilaspur (C.G.), for the offence punishable under Sections 20(b), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 25.05.2025, based on the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.01 18:53:24 +0530 2 information received from the informant, the police have recorded and seized about 3kgs and 385 grams of cannabis from the house actually owned by the co-accused, but the police detained the applicant along-with 2 other co-accused person based on suspicious. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 29.05.2025. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned State counsel would oppose the bail application and submit that the applicant has one criminal antecedents under the NDPS Act and co-accused namely Mahendera Verma bail application has also been rejected by this Court in MCRC No.5688 of 2025 vide order dated 21.07.2025, the charge-sheet has been filed in the present case. As such, the present 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 fact that the applicant has one criminal antecedents, under the NDPS Act, which is pending 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 and also considering the fact that co-accused bail application has also been rejected by this Court in MCRC No.5688 of 2025 vide order dated 21.07.2025, this Court is of the opinion that is 3 not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Krishna Shikari Urf Halki filed under Section 439 of the Cr.P.C., involved in Crime No.756/2025 registered at Police Station – Sarkanda, District – Bilaspur (C.G.), for the offence punishable under Sections 20(b), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) Chief Justice Vaishali