1 2026:CGHC:389 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10363 of 2025 • Tauhid Ali S/o Sadik Ali Aged About 30 Years R/o Risai Para Near Bhagwati Bakery, P.S. City Kotwali, District- Dhamtari (C.G.) ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station- Kabir Nagar, District- Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Prasoon Agrawal, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 190/2025, registered at Police Station – Kabir Nagar, District – Raipur (C.G.) for the offence punishable under Section 20(b), 18(b) of Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act and 111 of BNS 2023 and 25, 27 of Arms Act. 2. The prosecution story, in brief, is that on 29.08.2025, acting upon secret information, the police of Police Station Kabir Nagar conducted a search at the residence of accused namely Rupinder Singh at Veer Savarkar Nagar, Raipur, and recovered heroin weight about 87.93 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.07 17:53:28 +0530 2 grams, 91 gram of opium (wrongly mentioned in order dated 10.11.2025) and cartridges from his possession and house. During investigation, Rupinder Singh disclosed that he, along with his associates, had brought the contraband from Punjab to Raipur for sale and had distributed it among his peddlers. The mobile phone data of co accused Rupinder Singh revealed that the applicant along with other co accused persons were in frequent contact with him and was one of his subordinate peddlers engaged in selling contraband. Thereafter FIR has been registered against the applicant, hence, this bail application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case and charge-sheet has also been filed in this case. It is further submitted that there is one criminal antecedents registered of the applicant and he is in jail since 30.08.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and contraband article i.e., heroin weight about 87.93 grams and 91 gram opium has been seized from the possession of the applicant and other co-accused. He also submits that there is one criminal antecedents of the applicant under the NDPS Act, it appears that applicant is a habitual offender, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 3 6. Considering the fact and circumstances of the case, submissions made by learned counsel for the parties, the charge-sheet has been filed before the competent Court and allegation levelled against the present applicant and the recovery made, further taking into account that the applicant is having one criminal antecedent under the NDPS Act, it appears that applicant is a habitual offender, and that the quantity of contraband article seized i.e., heroin weight about 87.93 grams and 91 gram opium from his possession and house 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 is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Tauhid Ali involved in Crime No.190/2025, registered at Police Station – Kabir Nagar, District – Raipur (C.G.) for the offence punishable under Section 20(b), 18(b) of Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act and 111 of BNS 2023 and 25, 27 of Arms Act, is rejected. 8. Office 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 vaishali