1 2025:CGHC:42706 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6646 of 2025 • Maleshwar Sahu S/o Shri Dudhnath Sahu Aged About 38 Years R/o- House No. 75, Tata Bilaspur, Police Station Sarsiwa, District- Sarangarh- Bilaigarh (C.G.) ... Applicant versus • State of Chhattisgarh Through The S.H.O. Of The Police Station- Dongaripali, District- Sarangarh- Bilaigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Abhishek Saraf For Respondent/State : Mr. Swajeet Singh Ubweja, 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 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.24/2025 registered at Police Station – Dongaripali, District – Sarangarh-Bilaigarh (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 02.06.2025 on the basis of secret information received by the informant that 3 persons coming VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.23 18:57:43 +0530 2 in Grey colored Motorcycle Bajaj Jupitor Registration No.C.G.13, BA- 0213 holding a beg inside the dickey of the motor cycle and they were stopped and search was made by the police and total 15kg 375 gram Ganja were found than applicant was arrested on 02.06.2025. Thereafter, Charge-sheet has been filed against the present applicant in the case. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 02.06.2025. He would further submits that contraband article (Ganja) not seized from the exclusive possession from the applicant and there was total three accused persons in the present case, but two co-accused are declared absconded and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned Government Advocate, appearing for the State/non-applicant would oppose the bail application and submit that the applicant has one criminal antecedent of the year 2024 and contraband article i.e.,15kg,375 grams of ganja has been seized from the joint possession of the present applicant and other two co-accuses persons, the charge-sheet has been filed in the present case. 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 2024 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 3 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 -Maleshwar Sahu, filed under Section 439 of the Cr.P.C., involved in Crime No. 24/2025 registered at Police Station – Dongaripali, District – Sarangarh- Bilaigarh (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. - Sd/- (Ramesh Sinha) Chief Justice vaishali