1 2025:CGHC:20728 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3491 of 2025 Sarfu @ Sarfaroz Khan S/o Firoz Khan Aged About 23 Years R/o Village Murum Khadan, Atal Awas, Police Station Sarkanda, District Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Sarkanda, District Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ujjwal Choubey, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/05/2025 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. 453/2024 registered at Police Station Sarkanda, District Bilaspur (C.G.), for the offence punishable under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 18.04.2024, as per AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 secret information received from the informant, the Police of Police Station Sarkanda, District Bilaspur (C.G.) seized NRX Buprenorphine Injection IP 2 ml Iuprine total 43 pieces containing 2 ml each (total 86 ml) from the possession of the applicant, thereafter, aforementioned offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 19.04.2024. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submits that the independent seizure witness, namely, Umesh Verma PW-2 has been examined before learned trial Court and has turned hostile, further 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 charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant has total eleven criminal antecedents, out of which, six cases are from the time, when the applicant was a juvenile. As such, he is a habitual offender and 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 though one of the seizure witnesses has 3 turned hostile, but the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence, further charge-sheet has been filed before the competent Court in the present case, so far as criminal antecedents of the applicant are concerned, applicant has total eleven criminal antecedents, out of which, six cases are from the time, when the applicant was a juvenile, as such, he is a habitual offender 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 is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant - Sarfu @ Sarfaroz Khan, involved in Crime No. 453/2024 registered at Police Station Sarkanda, District Bilaspur (C.G.), for the offence punishable under Sections 21 and 22 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 and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil