1 2025:CGHC:49576 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7850 of 2025 • Brijlal @ Bugala Kurre S/o Shri Bedram Kurre Aged About 38 Years R/o Gurunanak Ward, Bhatapara, Distt- Balodabazar-Bhatapara C.G. ... Applicant versus • State Of Chhattisgarh Through Station House Officer Police Station- Takhatpur, Distt- Bilaspur C.G. ... Respondent (Cause Title taken from Case Information System) For Applicant : Mr. Sumit Shrivastava, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, 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. 465/2024 registered at Police Station – Takhatpur, District – Bilaspur (C.G.), for the offence punishable under Sections 21, 22, 29 of the Narcotic Drugs and Section 111 of BNS. 2. Case of the prosecution, in brief, is that on 14.09.2024 as secret information has been received regrading the transporting of Narcotic VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.07 17:42:56 +0530 2 Drugs and a search has been made for vehicle No. CG-10-AN-1282 which belongs to Amit Thakur and after following the mandatory provisions of the NDPS Act 50 pieces of Racsogesic Ampule were seized, his memorandum statement is recorded in which he named Mahendra Sagar and said he was also searched and 300 injections were seized from him and on the basis of his memorandum Lalita Sagar was arrested and during investigation a memorandum statement of co-accused Anjili Gendle and Succha Singh were recorded, in the said statement they have named the present applicant. Thereafter, the alleged crime has been registered. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 07.03.2025. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case and charge-sheet has been filed and conclusion 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.162 of 2024 registered at Police Station Civil Lines Bilaspur for the offence under Sections 22(c), 29 of the NDPS Act. 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.162 of 2024 registered at Police Station Civil Lines Bilaspur for the offence under Sections 22(c), 29 of the NDPS Act and 3 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 is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Brijlal @ Bugala Kurre filed under Section 439 of the Cr.P.C., involved in Crime No. 465/2024 registered at Police Station – Takhatpur, District – Bilaspur (C.G.), for the offence punishable under Sections 21, 22, 29 of the Narcotic Drugs and Section 111 of BNS, 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