1 2025:CGHC:54245 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7294 of 2025 Godawari Kurre @ Ginni D/o Malikram Jangde Aged About 42 Years R/o- Mini Basti Jarhabhata, Tahsil And District- Bilaspur (C.G.) --- Applicant Versus State Of Chhattisgarh Through Police Station- Civil Line, District- Bilaspur (C.G.) --- Non-applicant MCRC No. 7395 of 2025 Shekh Javed S/o Shekh Israel Aged About 38 Years R/o Premnagar, Ward No. 26 Balabhat, Police Station Balaghat, District : Balaghat, Madhya Pradesh ---Applicant Versus State Of Chhattisgarh Through Police Station - Civil Line, District : Bilaspur, Chhattisgarh --- Non-applicant MCRC NO. 7294/2025 For Applicant : Mr. Rahul Sharma, Advocate along with Ms. Deepanjali Tiwari, Adovcate For Non-applicant : Mr. Swajeet Singh Ubeja, Panel Lawyer MCRC NO. 7395/2025 For Applicant : Mr. Hemant Kesharwani, Advocate For Non-applicant : Mr. Swajeet Singh Ubeja, Panel Lawyer S.B. : Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/11/2025 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 applicants who have been arrested in connection with Crime No. 2 1004/2024 registered at Police Station – Civil Lines, District – Bilaspur (C.G.), for the offence punishable under Sections 21, 22 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 21.10.2024, the police authorities of Police Station – Civil Lines, District – Bilaspur (C.G.) received a secret information from the informant and on the basis of said information, Police has conducted raid and seized 150 ampule of intoxicant substances from the possession of the applicants. Therefore, the alleged offence has been registered against the present applicants and they were arrested on 07.12.2024. 3. Mr. Rahul Sharma, learned counsel for the applicant in MCRC. No. 7294/2025 would submit that the applicant has been falsely implicated in this case, she has not committed any offence as alleged. 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 no recovery has been made from the present applicant. So far as the criminal antecedents of the applicant are concerned, he submits that there are no criminal antecedents of the applicant. Applicant is in jail since 07.12.2024 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. Mr. Hemant Kesharwani, learned counsel for the applicant in MCRC. No. 7395/2025 would submit that the applicant has been falsely implicated in this case, he has not committed any offence as alleged. 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 no recovery has been made from the present applicant and he has been made accused only on the basis of the memorandum statement of the co-accused persons. He submits that no 3 recovery of any alleged intoxicant substance has been made from the applicant, except the seizure of Maruti Swift Car registered in the name of one Akshay Kurre. He submits that the co-accused person namely, Kajal Kurrey has been granted bail vide order dated 30.06.2025 in M.Cr.C. No. 4265/2025. So far as the criminal antecedents of the applicant are concerned, he submits that one case (Crime No. 925/2024 for the offence punishable under Sections 21 & 22 of the NDPS, Act) is pending adjudication before the Chief Judicial Magistrate, Bilaspur in Criminal Case No. 16447/2024. Applicant is in jail since 07.12.2024 and there is no specific material available against the applicant in the case diary. Accordingly, he prays for enlarging the applicant on regular bail. 5. Learned State counsel would oppose the bail application and submit that the Applicant namely Godawari Kurre @ Ginni also has one criminal antecedent under the NDPS Act, 1985 which is pending adjudication, however, he do not dispute the submission of Mr. Hemant Kesharwani regarding the criminal antecedent of the applicant Sheikh Javed. He submits that the charge-sheet has been filed in the present case before the competent Court and there is specific material available against the applicants regarding selling of the psychotropic substances. However, he submits that the case of the co- accused Kajal Kurrey is on distinguishable facts. As such, the present applicants are not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the fact that both the applicants have one criminal antecedent of under the NDPS Act, 1985 and the charge-sheet has been filed before the competent Court in the present case, case of the co-accused Kajal Kurrey is on distinguishable facts 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 4 canceled 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 respective applicants on regular bail. 8. Accordingly, the bail application of the Applicants – Godawari Kurre @ Ginni in MCRC No. 7294/2025 and Shekh Javed in MCRC No. 7395/2025, involved in Crime No. 1004/2024 registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY