1 2026:CGHC:148 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8889 of 2025 Gulaab Kandra S/o Late Brij Kandra Aged About 27 Years R/o Near Aama Bagicha Shakti Ghat Chandnidih Sarona Tatibandh Raipur, District Raipur Chhattisgarh Wrongly Mentioned In Order Sheet As Gulab Kandra S/o Late Brij Kanda R/o Shakti Ghat Sarona Police Station D.D. Nagar Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Deen Dayal Nagar, District Raipur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Ms. Pratibha Sahu, Advocate. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 grant of regular bail to the applicant who has been arrested in connection with Crime No. 337/2025 registered at Police Station Deen Dayal Nagar, District Raipur (C.G.), for the offence punishable under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 13.08.2025 the Police of Police Station Deen Dayal Nagar, District Raipur (C.G.) received a secret information from the informant and on the basis of said information the Police has conducted raid and seized 4.100 kg of Ganja from the joint possession of the applicant and co-accused. Therefore, the alleged offence has been registered against the present applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 13.08.2025. She further submits that present applicant has four criminal antecedents, out of which, two are of the years 2023 and 2024 under the NDPS Act, one is of the year 2022 under the IPC and one is of the year 2024 under the Excise Act. She also submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the conclusion of the trial may take quite long time. Accordingly, she prays for enlarging the applicant on regular bail. 4. Learned State counsel would oppose the bail application and submit that charge-sheet has been filed in the present case. He 3 further submits that the applicant has four criminal antecedents, out of which, two are of the years 2023 and 2024 under the NDPS Act, one is of the year 2022 under the IPC and one is of the year 2024 under the Excise Act. 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 fact that the applicant has four criminal antecedents, out of which, two are of the years 2023 and 2024 under the NDPS Act, one is of the year 2022 under the IPC and one is of the year 2024 under the Excise Act and the charge-sheet has been filed before the competent Court in the present case 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 - Gulaab Kandra, involved in Crime No. 337/2025 registered at Police Station Deen Dayal Nagar, District Raipur (C.G.), for the offence punishable under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 4 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil