1 2025:CGHC:49660 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7856 of 2025 • Shubham Dutta Valmiki S/o Sanjay Dutta Aged About 27 Years R/o Shahbad Mohammadpur Sector 21, House No. 99, Gali No. 1, Police Station Dwarika Dist. North Delhi (India) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Civil Line, District Bilaspur C.G. ... Respondent (Cause Title taken from Case Information System) For Applicant : Mr. Rahul Goswami, Advocate. For Non-Applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/10/2025 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.542/2025 registered at Police Station – Civil Line, District – Bilaspur (C.G.), for the offence punishable under Sections 21, 29 of NDPS Act. 2. Case of the prosecution, in brief, is that on 14.05.2025, Police Station Civil Line, on the basis of information from the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.07 17:42:56 +0530 2 informant based on informant, 7.620 gram of MDM was recovered in 10 pieces of Zippered polythene bag inside a while carton zimma kept in the possession of accused Pradeep at Jashpur station Bilaspur, under a neem tree near the motorcycle stand at the incident spot. Accused Pradeep told in his main statement that he works as a food helper in Rk kawani, which runs the catering service in Utkal Express train. On 28/04/2025, Human Das gave him the narcotic substance MDM and asked him to give it to a person with number 3667308763 and gave him Rs.3000/- as commission. When the train stopped at uslapur station, he went to give the said narcotic substance M.D.M. to dhara with Mobile No. During the investigation, on the basis of the memorandum statement of accused Pradeep Kumar, accused Shubham Dutt, arrested under section 21, 29 NDPS Act. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 05.07.2025. He would further submits that no contraband article has been seized from the possession of the applicant and the concerned police authorities have not complied mandatory provisions of NDPS Act. He also submits that applicant has one criminal antecedent under the same offences, in which he has already enlarged on bail by this Court in MCRC No.6470 of 2025 vide order dated 17.09.2025 and in said case also no recovery has been made from the possession of the applicnt and charge-sheet has been filed and conclusion 3 of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the applicant has one criminal antecedents bearing crime No.327 of 2025 registered at Police Station Ratanpur District- Bilaspur for the offence under Sections 21, 29 of the NDPS Act, in which the applicant has already been granted bail by this Court in MCRC No. 6470 of 2025 vide order dated 17.09.2025. She further submits that present case as well as previous case registered under the NDPS Act against the applicant at two different police stations and though there is no recovery made from the present applicant but it appears that applicant is involved in both cases. 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 bearing crime No.327 of 2025 registered at Police Station Ratanpur District- Bilaspur for the offence under Sections 21, 29 of the NDPS Act, in which the applicant has already been granted bail by this Court in MCRC No. 6470 of 2025 vide order dated 17.09.2025 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 4 had previous antecedents, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Shubham Dutta filed under Section 439 of the Cr.P.C., involved in Crime No. 542/2025 registered at Police Station – Civil Line, District – Bilaspur (C.G.), for the offence punishable under Sections 21, 29 of NDPS Act, is rejected. 8. 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