1 2025:CGHC:59809 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10117 of 2025 Devlal @ Golu S/o Late Lalla Ram Sahu Aged About 29 Years R/o Durga Chowk, Rawabhatha, Ward No. 13, In Front Of Banjari Mandir, Khamtari, Raipur, Tahsil And District - Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station - Khamtari, Raipur, District - Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Pradeep Singh Rathore, Advocate For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.12.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 977/2025 registered at Police Station – Khamtari, Raipur, District - Raipur (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that the police of Police Station Khamtari, Raipur, District - Raipur (C.G.), received a secret information from the informant and on the said information police conducted a raid and seized 400 grams cannabis from the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 possession of the present applicant. Thereafter, offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He further submits that the contraband article of cannabis have not been seized from the actual and exclusive possession of the present applicant. He further submits that there is no material evidence available against the applicant which connects him with the commission of the crime. He also submits that the alleged recovered cannabis is much less than commercial quantity. He further submits that the present applicant has 05 criminal antecedent which are explained in paragraph 4(a) of this bail application and he is in jail since 28.08.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She submits that cannabis of 400 grams seized from the possession of the present applicant. She also submits that the applicant has 05 criminal antecedent out of which 03 cases are under the NDPS Act, shows that the applicant is involved in such offences and 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. 3 6. Considering the facts and circumstances of the case and further the fact that the contraband article cannabis of 400 grams seized from the possession of the present applicant and the applicant has 05 criminal antecedents out of which 03 cases are under the NDPS Act which is pending, shows that the applicant is involved in such offences and 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. Accordingly, the bail application of the applicant – Devlal @ Golu, involved in Crime No. 977/2025 registered at Police Station – Khamtari, Raipur, District - Raipur (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce 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 Rahul Dewangan