1 2025:CGHC:58439 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9810 of 2025 • Naveen Kumar Chauhan S/o Ram Prasad Chauhan Aged About 24 Years R/o Village Kotrimal, P S Gharghoda, District Raigarh C.G. ... Applicant versus • State of Chhattisgarh Through District Magistrate Raigarh,distt. Raigarh C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ashutosh Mishra, Advocate For Respondent/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/12/2025 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.43/2025 registered at Police Station Gharghoda, District-Raigarh (C.G.), for the offence punishable under Section 21(C) of NDPS Act. 2. Case of the prosecution, in brief, is that on 17.02.2025 an information was received by the concerned police station Gharghoda regarding the co-accused Parmanand Prasad having 90 bottles of prohibitive onerex Cough Syrup Codeine Phosphate and Triprolidine VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.03 15:01:24 +0530 2 Hydrochloride Syrum in his possession and on the basis of his memorandum statement, present applicant has been arrested by the Police. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. He also submits that no recovery has been made from the possession of the present applicant, only on the basis of memorandum statement of main accused namely Parmanand Prasad, present applicant has falsely been implicated in crime in question. He also submits that applicant is in jail since 16.09.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant is having one criminal antecedent under the NDPS Act of the year 2019 and 90 bottles of prohibitive Onerex Cough Syrup Codeine Phosphate and Triprolidine Hydrochloride Syrup has been seized from the co-accused, which is above the commercial quantity. As such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact that the charge-sheet has been filed before the competent Court and the present applicant has 01 criminal antecedent under the NDPS Act of the year 2019, it appears that applicant is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of narcotic substance i.e., 90 bottles of prohibitive Onerex Cough Syrup Codeine Phosphate and Triprolidine Hydrochloride Syrup has been seized from the co- 3 accused, which is above the commercial quantity and also in light of the judgment rendered by the Hon’ble 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- Naveen Kumar Chouhan filed under Section 439 of the Cr.P.C., involved in Crime No.43/2025 registered at Police Station Gharghoda, District-Raigarh (C.G.), for the offence punishable under Section 21(C) of NDPS Act. 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 vaishali