1 2025:CGHC:7330 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1170 of 2025 Rohit Kumar Dwivedi S/o Shrawan Kumar Dwivedi Aged About 34 Years R/o Village Birrawan, Police Station & Tehsil- Baberu, Distt- Banda (U.P.) ... Applicant versus State of Chhattisgarh Through Police Station- GRP, Bilaspur (Wrongly Mentioned Accu) Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Rupesh Shrivastava, Advocate. For Non-Applicant : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.02.2025 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. 117/2024 registered at Police Station – GRP, Bilaspur, District – Bilaspur (C.G.), for the offence punishable under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that based on information received by the Government Railway Police (GRP) Bilaspur, a RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.13 13:28:54 +0530 2 search was conducted on Platform No. 2. During the search, 10 kg of narcotic substances were seized from the bag of one accused, Yogesh Sondhiya, and another 10 kg from the bag of the present applicant. Following this, the GRP registered the case and, after completing the necessary formalities, sent the accused to jail. During the investigation, it was found that the narcotic substances were supplied to the accused by police constables posted in the GRP, who were also subsequently sent to jail. 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 present applicant not involved in any illegal activity, during travel he was caught without ticket and GRP has made allegation against him and sent jail and no connection has established between main accused, other co-accused and with present applicant. He further submits that Police has not filed any of the CCTV footage or any video showing that the present applicant was present on platform no.2 of the Bilaspur Railway Station. He further submits that seized quantity of the Ganja from the present applicant was less than commercial quantity. He further submits that the applicant has two criminal antecedents in the State of U.P. and in both the cases, applicant has been released on bail. He further submits that the present applicant is in jail since 24.10.2024 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 3 present case before the competent Court. He also submits that the present applicant has 02 criminal antecedents under the NDPS in the State of U.P. which shows that the present applicant is a habitual offender. He further submits that the contraband article was recovered from the possession of the present applicant, and the applicant has failed to give any explanation for the same, 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 fact that though the contraband article i.e. 10kg Ganja which has been recovered from the possession of the present applicant, is less than the commercial quantity but, the applicant has failed to give any explanation for the same, further it cannot be a case of false implication and also considering the fact that the applicant has 02 criminal antecedents under the NDPS Act in the State of U.P. 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. Accordingly, the bail application of the applicant – Rohit Kumar Dwivedi, involved in Crime No. 117/2024 registered at Police Station – GRP, Bilaspur, District – Bilaspur (C.G.), for the offence 4 punishable under Sections 20(B) and 29 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