1 2025:CGHC:2291 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 305 of 2025 Kamlesh Joshi @ Gajni S/o Bhanuprasad Joshi, Aged About 26 Years, R/o Itwari Bazaar Anda P.S. Anda, District – Durg, Chhattisgarh ... Applicant versus State of Chhattisgarh Through SHO P.S. Chhuikhadan District - Khairagarh Chhuikhadan Gandai (Wrongly Mentioned As Rajnandgaon (C.G.) ... Non-Applicant For Applicant : Mr. Sudhanshu Kumar Singh, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.367/2024, registered at Police Station: Chhuikhadan District - Khairagarh-Chhuikhadan-Gandai, Chhattisgarh for the offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution story, on 10.11.2024 Police personnel received a secret information that the co-accused of this crime, namely, Somnath Mandavi was carrying Ganja in his two wheeler vehicle from PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.15 18:53:08 +0530 2 Chindari Dam, and was going to Chhuikhadan and upon that the information co-accused was stopped near village Hatbanja Forest Naka main road and when searched it was found that he was carrying a total of 09 KG Ganja which was seized from him and upon investigation the co-accused informed that he has purchased the said contraband from the present applicant and the aforesaid crime has been committed. 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 the applicant has 10 previous criminal antecedents out of which one case is under the NDPS Act in which he is on bail and in some other cases he is on bail and some cases are old and stale. Further, the bail of the co-accused, namely, Somnath Mandavi has already been rejected by this Court order dated 10.01.2025 passed in MCRC No. 215/2025. He further submitted that the charge-sheet has been filed and the applicant is in jail since 14.12.2024. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the applicant has 10 previous criminal antecedents out of which one case is under the NDPS Act of the year 2023. Further, the bail of the co-accused, namely, Somnath Mandavi has already been rejected by this Court order dated 10.01.2025 passed in MCRC No. 215/2025. The charge-sheet has been submitted. 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. 3 6. Considering the facts and circumstances of the case and further the fact that the applicant has 10 previous criminal antecedents out of which one case is under the NDPS Act of the year 2023 which shows that the applicant is a habitual offender and further, the bail of the co-accused, namely, Somnath Mandavi has already been rejected by this Court order dated 10.01.2025 passed in MCRC No. 215/2025 also 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 – Kamlesh Joshi @ Gajni involved in Crime No.367/2024, registered at Police Station: Chhuikhadan, District - Khairagarh-Chhuikhadan-Gandai, Chhattisgarh for the offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial 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 Preeti