1 2025:CGHC:8649 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1303 of 2025 Godavri Patre W/o Ramkumar Patre Aged About 42 Years R/o Village - Bhunda, Police Station And Tahsil - Kota, District Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Civil Line, District – Bilaspur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Rajeev Kumar Dubey, Advocate. For Non-Applicant/State : Mr. UKS Chandel, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No.924/2024, registered at Police Station- Civil Line, District – Bilaspur (C.G.) for the offences punishable under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that the Police of Police Station – Civil Line, District – Bilaspur (C.G.) has received a secret information RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 through the informant and on the basis of the said information, the Police authority has seized a total of 2960 mg of Nitrajepam Tablet IP Nitrasen R, and total 300 mg of Alprajolam Tablet IP from the possession of the co-accused person. Thereafter, the co-accused was arrested and the name of the applicant has come into light from the memorandum statement of the co-accused person. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case, and no such seizure has been made from the possession of the applicant. The applicant is in jail since 26.09.2024. The conclusion of the trial is likely to take some time, therefore, she prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 2960 mg of Nitrajepam Tablet IP Nitrasen R, and total 300 mg of Alprajolam Tablet IP has been seized. It is further submitted that the charge-sheet has been filed in this case and the name of the applicant has come into light from the memorandum statement of the co-accused person. It is further submitted that there are 4 criminal antecedents of the applicant out of which 3 are under the NDPS Act which are pending. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that the quantity of contraband article 2960 mg of Nitrajepam Tablet IP Nitrasen R, and total 300 mg of 3 Alprajolam Tablet IP has been seized, and the charge-sheet has been filed in this case and the name of the applicant has come into light from the memorandum statement of the co-accused person, and there are 4 criminal antecedents of the applicant out of which 3 are under the NDPS Act which are pending, he is a habitual offender and he has misused the bail granted to him earlier, 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. 7. Accordingly, the bail application of applicant – Godavri Patre involved in Crime No.924/2024, registered at Police Station- Civil Line, District – Bilaspur (C.G.) for the offences punishable under Sections 21 and 22 of the NDPS Act, is rejected at this stage. 8. Needless to say that the learned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar