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2025 DAILYLAW 53987 (CHH)

RATAN SINGH v. THE STATE OF CHHATTISGARH

MCRC/4504/2025 · 2025-08-21

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Judgment text

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1 2025:CGHC:42782 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4504 of 2025 Ratan Singh S/o Shri Vijay Singh Aged About 38 Years R/o Village Chaupas Chauka Thana Rajiv Gandhi Nagar District - Jodhpur (Rajasthan) ... Applicant versus The State Of Chhattisgarh Through Police Station Civil Line District - Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Yash Bothra, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.08.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 193/2025 registered at Police Station – Civil Line District - Raipur (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per prosecution story, on date 04/05/2025 the information received by Shri Laxmi Narayan Sahu (Asst. Sub Inspector) Police Station-Civil VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.23 15:07:10 +0530 2 line from informer that 01 Man aged about 38 year carried Contraband Article i.e Gaanja in his packet of vimal paan masala after receiving the following information police party along with constable no.1717,607,1032 and 830 went for Raid on Govt. Vehicle carried investigation kit, Torch, battery etc and after doing Ghera bandi policy party arrested the accused and after doing search of the accused police seized 08.410 kg Ganja from accused and on the basis of the same the criminal case was registered at Police Station-Civil line, Raipur, Chhattisgarh, bearing crime no.193/25 and U/s 20 (B) of N.D.P.S and Applicant was arrested on 04/05/2025..that, for obtaining regular bail Applicant filed a regular bail application u/s 483 of B.N.S.S before the trial court i.e Special court for N.D.P.S Raipur. which has been dismissed by special court on 27.05.2025, Hence the Applicant filed bail application. 3. That, the applicant has been falsely implicated in the present case and has no role, either directly or indirectly, in connection with the alleged offence. He is a poor labourer and has no relation whatsoever with the contraband article, the alleged seizure quantity being 08.410 kg, which falls within the category of intermediate quantity. The applicant belongs to a very poor family and is the sole breadwinner, having an old mother, wife, and small children who are entirely dependent on him, and his continued detention will cause irreparable hardship to his family and adversely affect his future. The applicant has no previous criminal record, the trial is likely to take considerable time for its conclusion, and therefore, therefore, he prays for grant of regular bail to the applicant. 3 4. On the other hand, the learned Panel Lawyer opposes the bail application and submits that the applicant has one criminal antecedent under the NDPS Act of the year 2021 in the State of Telangana, which shows that the applicant is a habitual offender. As such, the 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 facts and circumstances of the case and further the the fact that the applicant has 01 criminal antecedent under the NDPS Act of the year 2021 in the State of Telangana, which shows that the present applicant 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 it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Ratan Singh, involved in Crime No. 193/2025 registered at Police Station – Civil Line District - Raipur (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985., is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav