Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:51754
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8334 of 2025 1 - Jeevandas Manikpuri S/o Late Jagdish Manikpuri, Aged About 42 Years R/o Munshi Ismail Ward, Bhatapara, Ps Bhatapara City, District Balodabazar Bhatapara (C.G.)
... Appilcant Versus 1 - State Of Cg Through Ps Bhatapara City, District Balodabazar Bhatapara (C.G.)
... Non-applicant For Applicant : Mr. Vikhyat Arora, Advocate For Non-applicant : Mr. Soumyra Rai, Panel Lawyer S.B.: Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/10/2025
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. 470/2025 registered at Police Station – Bhatapara (City), District – Balodabazar - Bhatapara (C.G.), for the offence punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 22.08.2025, the Police of Police Station Kabir Nagar Raipur, District – Raipur (C.G.) received a secret information from the informant and on the basis of said information the Police has conducted raid and seized 1.195 kg of Ganja from the possession of the SHUBHAM DEY Digitally signed by SHUBHAM DEY
2 applicant. Therefore, the alleged offence has been registered against the present applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 03.09.2025. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the conclusion of the trial may take quite long time. He submits that 1.195 kg of Ganja which has also been seized from the joint possession of the co-accused has been granted bail from this Hon’ble Court. Applicant is suffering from heart decease and there is no specific material available against the applicant in the case diary. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned State counsel would oppose the bail application and submit that the applicant has five criminal antecedents of the year 2001, 2002, 2019, 2022 and 2024 under the NDPS Act and the charge-sheet has been filed in the present case before the competent Court. 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 antecedent of the year 2001, 2002, 2019, 2022 & 2024 under the NDPS Act and the charge- sheet has been filed before the competent Court in the present case 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 canceled 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 – Jeevandas Manikpuri, involved in Crime No. 470/2025 registered at Police Station – Bhatapara
3 (City), District – Balodabazar - Bhatapara (C.G.), for the offence punishable under Sections 20(B) 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 forthwith. - Sd/-
(Ramesh Sinha)
Chief Justice Dey