1 2025:CGHC:2801 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 444 of 2025 Arvind Yadav S/o Shesh Narayan Yadav Aged About 32 Years R/o Village Balarpur, Sakaldeeha, District Badauli (Uttar Pradesh) At Present R/o Bastar, Police Station And District Bastarm, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Nagarnar, District – Bastar, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Rishi Sahu, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No.97/2024, registered at Police Station- Nagarnar, District – Bastar (C.G.) for the offences punishable under Sections 20(B)(ii)(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that the Police of Police Station – Nagarnar, District – Bastar (C.G.) has received a secret information through the informant and on the basis of the said information, the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Police authority has seized a total of 25.450 Kgs of Ganja from the possession of the co-accused person. Thereafter, the co-accused was arrested and the name of the applicant has come into light from the memorandum statement of the co-accused person. Hence, this 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. It is further submitted that the charge-sheet has been filed in this case, and no such seizure has been made from the possession of the applicant. The applicant is in jail since 10.10.2024. The conclusion of the trial is likely to take some time, therefore, she prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 25.450 Kgs of Ganja has been seized, which is much above the commercial quantity. It is further submitted that the charge-sheet has been filed in this case and the name of the applicant has come into light from the memorandum statement of the co-accused person. It is further submitted that there are 16 criminal antecedents of the applicant out of which 4 are under the NDPS Act. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that the quantity of contraband article 25.450 Kgs of Ganja has been seized, which is much above the commercial quantity and the charge-sheet has been filed in this case and the name of the applicant has come into light from the memorandum statement of the co-accused person, and there are 16 3 criminal antecedents of the applicant out of which 4 are under the NDPS Act, he is a habitual offender and he has misused the bail granted to him earlier, 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. Accordingly, the bail application of applicant – Arvind Yadav involved in Crime No.97/2024, registered at Police Station- Nagarnar, District – Bastar (C.G.) for the offences punishable under Sections 20(B)(ii)(c) and 29 of the NDPS Act, is rejected at this stage. 8. Needless to say that the learned trial Court is at liberty to proceed with the trial and conclude the same, 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 Rajshekhar