1 2025:CGHC:11192 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 492 of 2025 Ajay Kumar Prajapati S/o Samelal Prajapati Aged About 22 Years R/o Bastibagra, Police Station- Paindra, District- Gaurela- Paindra- Marwahi ( C.G. ) ... Applicant(s) versus State Of Chhattisgarh Through- Police Station Pendra District- Gaurela- Pendra- Marwahi ( C.G.). ... Respondent(s) For Applicant(s) : Mr. Rajendra Kumar Patel, Advocate For Respondent(s) : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No.362/2024, registered at Police Station Pendra District- Gaurela- Pendra- Marwahi ( C.G.) for the offence punishable under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act). 2. The prosecution story in brief, is that, on 25.12.2024 the Police of Police Station Pendra District- Gaurela- Pendra- Marwahi ( C.G.) MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.03.07 11:00:01 +0530 2 on a secret information searched near the place of incident village Bendarchua Amaru Road Tiraha, and seized 2.072 kg of ganja from a plastic bag kept inside the trunk of the car number CG 11 AN/2474 in the possession of the applicant/accused and registered the case against him. 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 police has not seized psychotropic substances from the exclusive possession of the applicant. The alleged contraband article has not been recovered from exclusive possession of the present accused. Further, the applicant is languishing in jail since 25.12.2024, though the charge-sheet has been filed, but it may take some time to conclude the trial, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that from the possession of applicant and other co-accused persons, total 2.072 kg of ganja has been seized and further, so far as criminal antecedents of the applicant is concerned, the applicant has 09 previous criminal antecedents registered against him which are all of year 2023 and 2024, which itself shows that applicant is a habitual offender, hence his bail application is liable to be rejected. 5. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the fact that the applicant is having 09 previous 3 criminal antecedents, pending against him of year 2023-2024, which itself shows that applicant is a habitual offender, the quantity of contraband article seized i.e. 2.072 kg of ganja and also in light of the judgment rendered by the Hon’ble 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, though the charge-sheet has been filed and applicant is languishing in jail since 25.12.2024, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Therefore, the bail application filed by the applicant/accused – Ajay Kumar Prajapati involved in Crime No.362/2024, registered at Police Station Pendra District- Gaurela- Pendra- Marwahi ( C.G.) for the offence punishable under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act), 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. OfÏce 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 Manpreet